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Nursing Home

Jul 18, 2023

Nursing home death caused by beating: $5 million settlement

Action: Nursing home abuse and neglect Injuries alleged: Fractured hip, surgery and death Case name: Withheld Court/case no.: Withheld Jury and/or judge: Withheld Name of mediator: Asa Bell Amount: $5 million Date: May 2, 2023 Attorneys: Carma Henson, Rachel Fuerst and Thomas Henson of Henson Fuerst, Raleigh, and F. Davis Poisson III of Poisson, Poisson […]

Dec 7, 2021

Family settles nursing home death case for $4M 

The family of a man who died after he fell while at a North Carolina nursing home has settled a lawsuit against the nursing home for $4 million, the family’s attorneys report.  Rachel A. Fuerst, Carma Henson and Thomas Henson Jr. of Henson Fuerst in Raleigh and John Green and Alex Hall of Hall & […]

Sep 23, 2020

Nursing home visits resume, but leave many questions to answer

As assisted living and skilled nursing homes across North Carolina slowly begin to allow people to visit residents, both the attorneys who advise those homes and those who represent residents’ families say that COVID-19 has created unchartered territory that has been muddied by mixed messages.  On Sept. 1, North Carolina began allowing outside, in-person visitations, […]

Sep 6, 2018

Cost-cutting at nursing home justified punitive damages award

A nursing home whose administrator pledged to do “whatever he needed to do to cut costs” will have to pay out almost $2 million in punitive damages to the families of three patients who died in the facility’s care, the 4th U.S. Circuit Court of Appeals has ruled. The opinion, which originally went unpublished before […]

Nov 2, 2016

Labor & Employment – Nursing-Home Nurses Not ‘Supervisors’

Palmetto Prince George Operating LLC v. NLRB (Lawyers Weekly No. 001-154-16, 17 pp.) (Motz, J.) No. 15-2143, Nov. 1, 2016; On Petition for Review; 4th Cir. Holding: Substantial evidence supports the National Labor Relations Board’s finding that a group of nurses at a nursing home are not supervisors because their duties do not require the […]

Feb 8, 2016

Arbitration – Nursing Home – Agency – Daughter’s Signature – No Actual or Apparent Authority

Dial v. Britthaven, Inc. (Lawyers Weekly No. 012-026-16, 7 pp.) (Valerie Zachary, J.) Appealed from Robeson County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding:  The plaintiff-daughter had no authority, either actual or apparent, to execute the arbitration agreement presented to her by the defendant-nursing home’s employee. Moreover, plaintiff made no representation upon [&helli[...]

Aug 19, 2014

Nursing home pays $1.5M to settle wrongful death suit

A nursing home accused of using morphine to keep difficult residents sedated has paid $1.5 million to settle a wrongful death lawsuit after offering to settle for $100,000 during mediation, according to a plaintiff’s attorney.

Jul 2, 2014

State cites nursing home in Wilmington area

WILMINGTON (AP) — A nursing home in suburban Wilmington has been cited by the North Carolina Department of Health and Human Services for failing to ensure its residents are free from abuse. The StarNews of Wilmington reports that Champions Assisted Living in Porters Neck was cited after bruises were found on a resident following a May […]

May 3, 2013

Court will reconsider fumbled decision on ‘apparent authority’

A trial court that declined to force arbitration of a lawsuit stemming from a nursing home death was ordered by the N.C. Court of Appeals to reconsider whether paperwork signed by the patient’s daughter was binding.

Jan 28, 2013

Arbitration agreement proved too specific

Arbitration agreements that require all disputes to go through a chosen arbiter can save companies a lot of money and uncertainty—provided, of course, they make sure that the arbitrator they’ve chosen is willing to take the case. One nursing home overlooked that little detail, and got an unpleasant surprise when it learned the agreement wasn’t worth the paper it was printed on.

Aug 22, 2012

Arbitration – Nursing Home – Separate Agreement – Power of Attorney

SSC Statesville Maple Leaf Operating Co. v. Morgan Pursuant to a power of attorney from his mother, defendant executed both an admission form and a separate dispute resolution agreement (DRA) when he admitted his mother to plaintiff’s facility. As defendant’s wrongful death claim arises out of his mother’s treatment at plaintiff’s facility, the claim is subject to the arbitration [...]

Oct 21, 2011

Against the odds, nursing-home claim is rebuffed 

Trial attorneys relish a challenge. Whether it’s the sympathetic plaintiff, the unpopular client, the witness with a past, or the formidable adversary, challenges present opportunities to explore new theories, adopt different strategies and polish skills. And overcoming them makes a win all the sweeter. Rarely, though, do multiple challenges come packaged in a single case. For Raleigh lawy[...]

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