Massachusetts Nursing Home Abuse Lawyer Blog

A "perfect storm" of aging elders, understaffed facilities and people with Dementia have left Millions of Elders at risk for abuse and Neglect. This problem has been ignored for the most part while press accounts have emphasized prevention of abuse of women and children. There is room for protection of all and all forms of Elder abuse are now illegal.
Estimates indicate two million Elder Americans are victims of abuse every year. Some reports indicate as many as 10% of the nation's older adult population have experienced abuse, neglect, or financial exploitation.
The effects are not benign: studies show that bruises from physical abuse can even be remembered by seniors with memory disorders. The incidence of elder abuse increases significantly with age: those over 85 are 6 times more likely to suffer from abuse than those between the ages 65 to 69.

Kentucky nursing home abuse investigations stall for years before resolution, records reveal. Eight of the more than 100 cases dating back to 2006 are still under review by the Attorney General's Office or local prosecutors.
A.G. excuses include staffing shortages, communication issue with other law enforcement agencies and a "high case" load, staff turnover and missing witnesses. No wonder you can't find witnesses when the case is 4 years old!
Unresolved cases include a Nursing Home Wrongful Death Case.

http://www.wlwt.com/news/24227183/detail.html

In Grammer v. John J. Kane Regional Centers, the Third Circuit Court of Appeals (Fed) created a new action for victims of Nursing Home Neglect or Abuse. In that case the victim, Melviteen Daniels, was a resident of the John J. Kane Regional Center at Glen Hazel, in Pittsburgh, Pennsylvania. who developed decubitus ulcers, became malnourished, developed sepsis, and died.
Daniel's daughter, Grammar, brought suit for wrongful death under OBRA Federal Law claiming that the Defendants negligence violated her civil rights. 42 U.S.C. § 1983 is a vehicle for imposing liability against anyone who deprives a person of "rights, privileges, or immunities secured by the Constitution and laws."
The Court found that 42 U.S.C. § 1983 and its subsequent amendments are replete with rights-creating language. They found that "residents" were a class designed to be protected under the statutes. The plain purpose of these laws and revisions was to protect rights afforded to individuals.
The Court found that Congress intended to create individual rights in drafting and adopting § 1396r, and that Grammar's mother fell within the zone of interest these provisions were meant to protect

Grammar v Kane

A California jury in a class-action suit returned a Nursing Home Verdict of over $600 Million against several Nursing Homes for Statutory Violations. The Defendants operate a chain of Nursing Homes.

Violations occurred from 2003 to 2009. More than 30,000 Nursing Home Residents were represented in the lawsuit. Victims relatives hoped the verdict would makes things better for future patients.

One of the largest nursing home chains in the country, Skilled Healthcare is based in Southern California, and owns nursing facilities in seven states.

Skilled Heathcare's facilities include:

Eureka Healthcare and Rehabilitation Center, LLC

Granada Healthcare and Rehabilitation Center, LLC

Pacific Healthcare and Rehabilitation Center, LLC

Seaview Healthcare and Rehabilitation Center, LLC

St. Luke Heathcare and Rehabilitation, LLC

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