This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

Two weeks after awarding $1 million in compensatory damages to the widow of a man who died from bedsores, a Philadelphia jury leveled  $5 million in punitive damages against the same nursing home and hospital because they failed to diagnose and properly treat a urinary tract infection, leaving the man vulnerable to developing bedsores. Workers at both the hospital and nursing home allowed the bedsores to fester and their patient to become malnourished. Two years later the man died from the bedsores. The case is unusual since it may be the first nursing home verdict that awarded punitive damages. In order for a jury to award such damages, the jurors must determine that a facility engaged in “outrageous and reckless conduct.” (3/18) Philadelphia Inquirer

The Law Offices of Henry Hanflik, P.C. have filed a lawsuit on behalf of the family of James Franklin, Jr., an Alzheimer patient who died after he crawled out of a window at Clare Bridge in May of 2008. The lawsuit states that Clare Bridge was negligent because its staff members did not call police in a timely manner, nor did the facility properly ensure that patients would not walk away. Franklin was the second patient to climb out of a window at the facility. Franklin’s body was found a short distance from Clare Bridge, two months after he walked away. Flint Journal

Select Medical Corporation and other firms that operate long-term care hospitals are the subjects of lawsuits, and troubling state and federal inspection reports that reflect a sub-standard level of patient care at some of these facilities. Select runs 89 long-term care hospitals which have been cited four times more for serious Medicare violations than regular hospitals. Because of Medicare rules, there has been a rapid expansion of long-term care hospitals. However, Medicare does not scrutinize their care or penalize these facilities for violations as they do regular hospitals. Long-term care hospitals generally spend less on patient care and have higher profit margins than traditional hospitals. (2/9) NY Times

Johnson and Johnson, the trusted company that makes baby care products and touts integrity by “doing what’s right for people”, reluctantly recalled batches of Benedryl, Motrin, Tylenol and St. Joseph Aspirin, among others. It took the company 20 months to issue the recall, in spite of consumer complaints about the moldy-smelling products and reports of digestive problems. In a separate issue, the company is accused of paying kickbacks to a nursing home pharmacy to promote its medications to elderly patients. (1/17) NY Times

Plaintiffs attorneys are working to eliminate mandatory arbitration in all consumer and employment disputes by lobbying Congress to pass the Arbitration Fairness Act of 2009. Nursing homes will likely be a main target of the push to end forced arbitration in cases involving patient abuse and neglect. Bills introduced in the House and Senate to prohibit arbitration were not voted upon in 2009. (1/11) Blog of Legal Times

The family of a 97-year-old man has filed suit against Everett Care and Rehabilitation, in Everett WA, claiming the the staff at the facility left a wound on the man untreated for months. The wound was cancerous and apparently was a cause of death. The lawsuit contends that while staff members reported the man’s condition several times to managers at the home, there was no action taken to address the man’s deteriorating physical condition. The attorney for the family said the lawsuit is aimed at holding the center, and similar facilities, accountable for failing to protect the elderly. (10/16) Seatle-Post Intelligencer

The Law Offices of Henry M. Hanflik has filed a lawsuit on behalf of the estate of James Franklin, Jr. The suit names various corporate entities believed to be affiliated with Clare Bridge of Grand Blanc, Michigan. Franklin was admitted to Clare Bridge on May 23, 2008, and within hours of being placed there, merely opened a window and walked away. He was found dead two months later, one mile from the facility.  James Franklin, Jr. died from hypothermia.  Another resident had done the identical thing about six months before, and the facility was cited by the State of Michigan. The facility promised it would take corrective action, but never did so. Read more. (3/24)  Flint Journal