On October 30, 2020, a Tennessee nursing home claim arbitrator awarded $225,000 for the pain and suffering sustained by an 88-year-old nursing home resident who suffered a brain injury and died five days later as a result of a fall… Read More
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Superspreader Wedding In Washington Tied To At Least 7 Nursing Home Resident COVID-19 Deaths
A wedding in Washington State that was attended by more than 300 guests, including staff from three nursing homes (McKay Healthcare & Rehab Center in Soap Lake, Lake Ridge Center in Moses Lake, and Columbia Crest Center in Moses Lake)… Read More
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Pennsylvania Governor Vetoes Bill That Would Expand COVID-19 Immunity Protections
On November 30, 2020, Governor Tom Wolf of Pennsylvania vetoed House Bill 1737, which “would have undermined COVID-19 mitigation efforts and endangered the public health by enacting overly broad immunity protections from civil liability due to the pandemic.” Governor Wolf… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as… Read More
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All 62 Residents Of Kansas Nursing Home Contracted COVID-19 — 10 Died
All 62 residents of a Norton, Kansas nursing home contracted COVID-19. Ten residents died. One remains hospitalized. The remaining 51 continued to be cared for at the nursing home. Some of the nursing home’s staff tested positive for COVID-19. The… Read More
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Missouri’s Authorized Electronic Monitoring In Long-Term Care Facilities Act
Missouri’s Authorized Electronic Monitoring in Long-Term Care Facilities Act (“Act”) became effective on August 28, 2020. The Act gives residents of long-term care facilities in Missouri (Missouri nursing homes) the right to place electronic monitoring devices in their rooms. Sections… Read More
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New York Appellate Court Affirms PCP Not Entitled To Summary Judgment Where Patient Died In Nursing Home
The Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) affirmed in its Decision & Order dated September 16, 2020 that the decedent’s primary care physician was not entitled to summary judgment… Read More
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New Mexico Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The Court of Appeals of New Mexico (“New Mexico Appellate Court”) held in its unreported opinion filed on May 13, 2020,”Defendants argue that the district court erred in denying their motion to compel arbitration because Mrs. Rosenquist had express or implied… Read More
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Indiana Appellate Court Holds Arbitration Agreement Trumps Indiana Medical Malpractice Act
The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion filed on September 2, 2020, held in an Indiana medical malpractice wrongful death case where the parties had agreed at the time the decedent was admitted to the… Read More
