News Updates

Circuit Court Judge Thomas Lyons recently entered a ruling upholding a $4.1 million verdict against Clare Oaks Assisi Healthcare Center.  Judge Lyons also granted Plaintiff’s counsel’s petition for more than $1.3 million in attorney fees, and roughly $147,000 in costs. The case arose out of the death of Dolores Trendel, an 85 year-old woman, who […]

  A Cook County jury recently found in favor of a defendant pathologist and her employer, returning a Not Guilty verdict. The case was successfully defended by Anderson, Rasor & Partners, LLP, attorney Mark J. Lura. Plaintiff M-49 underwent a left lower lung lobectomy at a Chicago hospital to remove a large abscess in the […]

Recently, ARP attorney Maureen A. McGuire obtained a defense verdict on behalf of a railroad in a case involving allegations under the Locomotive Inspection Act, a strict liability statute, and the Federal Employers’ Liability Act.  On January 4, 2012, the plaintiff-conductor backed into a locomotive restroom and twisted his knee.  The plaintiff alleged that the […]

On November 9, 2017, the Illinois Appellate Court reversed the ruling of the Circuit Court in Hayes v. Victory Centre of River Woods, LLC, 2017 IL App (1st) 162207 and held that the lower court erred in denying Defendant’s motion to stay the Wrongful Death claim pending arbitration of the Survival and Family Expense claims raised […]

In April 2017, a jury awarded a plaintiff $100,000 in a case involving allegations of negligence against GlenCrest Healthcare & Rehabilitation Centre. The case was wound care case; Plaintiff alleged the defendant negligently failed to prevent development and progression of skin breakdown in a 75 year old female resident, resulting in a Stage IV decubitus […]

   On July 18, 2017, a Cook County jury awarded a $4,111,477 verdict against Clare Oaks Assisi Healthcare Center. The case arose out of the death of Dolores Trendel, an 85 year-old woman, who was transferred to Clare Oaks in February of 2011 for physical therapy after suffering a fractured hip from a fall at […]

The Centers for Medicare & Medicaid Services (CMS) has taken two significant steps away from its prior proposed ban on mandatory arbitration agreements in the long term care setting, abandoning its appeal of a decision blocking implementation of a prior rule banning mandatory arbitration agreements, and issuing a new proposed rule rescinding its prior ban […]

On May 15, 2017, the Supreme Court of the United States held in Kindred Nursing Centers, L.P. v. Clark, No. 16-32, that state courts are pre-empted by the Federal Arbitration Act (“FAA”) from singling out arbitration agreements for disfavored treatment. At issue in the underlying case were powers of attorney held by respondents, the wife […]

A controversial State bill has been proposed which, if passed, would amend the Nursing Home Care Act to require identifying information from individuals who make complaints against nursing homes. Under the proposed amendment, the identifying information would be kept confidential by the Illinois Department of Public Health but State investigators could gain access to this […]

A bill was recently proposed that would amend the Illinois Nursing Home Care Act (“NHCA” or the “Act”) to clarify the definition of “Resident’s representative.” Currently, a “Resident’s representative” is (1) someone other than the owner of the facility that is not related to the resident, or (2) an employee or agent of the facility […]