nursing home deaths

New York Law Gives Nursing Homes Protection In COVID-19 Death Suits

There are calls for New York Governor Andrew Cuomo to resign. A report by state Attorney General Letitia James, also a Democrat, found that his administration deliberately undercounted the actual numbers of deaths that occurred in nursing homes. The actual percentage may be as much as 50% higher. An FBI investigation is underway, and many families want to sue nursing homes for negligence, but a law in New York state gives nursing homes, hospitals and other care facilities liability protection from coronavirus death suits.

Nursing Home Slammed with $1.1 Billion Verdict in Negligence Case

Trans Healthcare Inc. has been hit with a $1.1 billion verdict in a negligence case filed in 2009 at a Florida nursing home it says it hasn’t operated since 2004, reports The Ledger.

A Polk County jury awarded $110 million in compensatory damages and a whopping $1 billion in punitive damages for the 2009 lawsuit regarding the care of the late Arlene Townsend. Townsend lived at the Auburndale Oaks Healthcare Center from 2004 until 2007, when she passed away at the age of 69.

Townsend suffered multiple falls while at the facility, which did not provide proper supervision, according to the lawsuit, The Ledger reports. Trans Healthcare Inc., the defendant in the lawsuit, and Trans Healthcare Management only operated the nursing home until Sept. 30, 2004, according to court records. Auburndale is currently being operated by Encore Healthcare LLC.

“The companies stopped participating in the lawsuit, and a default judgment was entered against them in 2011,” says the article. “At trial, jurors were not asked to decide liability. They were asked to determine the amount of money in damages.”

Trans Healthcare Inc. asked for the default judgements to be set aside, but the circuit judge for the case denied the requests.

This is the fourth major verdict against Trans Healthcare Inc.: in 2010, another Polk County jury awarded a $114 million verdict against them for another nursing home case for alleged abuse, reports The Ledger. Additionally, there has been a $900 million verdict against the company in Gainesville and a $200 million verdict in St. Petersburg.

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