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WOMAN ESCAPES FROM NH AND DIES IN THE COLD 150 150 Lauren Ellerman

WOMAN ESCAPES FROM NH AND DIES IN THE COLD

I hate to read this – but again, elderly person with cognitive problems elopes from Nursing Home and dies. According to the Chicago Tribune, however, the employee that ignored the alarm indicating the resident had eloped, has been charged: An Itasca nursing home employee watched three straight episodes of “Dog The Bounty Hunter” and “shrugged…

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SUPREME COURT RULES AGAINST DRUG COMPANIES 150 150 Lauren Ellerman

SUPREME COURT RULES AGAINST DRUG COMPANIES

March 4, 2009 The Supreme Court ruled 6-3 that a Vermont woman can sue Wyeth for injuries she suffered after receiving one of the drug maker’s medicines. The ruling affirms an opinion by the Vermont Supreme Court, which upheld a $6.7 million verdict in favor of Diana Levine, who lost an arm to gangrene after…

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NURSING HOMES FOR VETERANS IN SOUTHWEST VIRGINIA 150 150 Dan Frith
  • Dan Frith

NURSING HOMES FOR VETERANS IN SOUTHWEST VIRGINIA

The Lynchburg daily newspaper (The News and Advance) ran an article today about nursing home resources and options for military veterans. It is a good article. It describes how the Veteran’s Health Administration (VHA) provides nursing home services to veterans through three national programs: VA owned and operated nursing homes, state veterans homes owned and…

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CONGRESS HELP US ON ARBITRATION 150 150 Lauren Ellerman

CONGRESS HELP US ON ARBITRATION

There is an article in McKnight’s today: Another bill that would prohibit pre-admission arbitration clauses panned by nursing home operatorsMarch 02 2009 U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers wasted no time attacking…

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GARDEN-LEAVE EMPLOYMENT CONTRACTS 150 150 Dan Frith
  • Dan Frith

GARDEN-LEAVE EMPLOYMENT CONTRACTS

What are Garden-Leave employment agreements? They are agreements which pay the terminated or departed employee for not competing with his/her old employer. Want an example? In Bannister v. Bemis Co., Inc., (2009 U.S. App. LEXIS 3648, 8th Cir. Feb. 25, 2009) a Garden-Leave clause was examined by a federal court in Arkansas. Bannister served as…

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CHOICE OF LAW IN EMPLOYMENT CONTRACT 150 150 Lauren Ellerman

CHOICE OF LAW IN EMPLOYMENT CONTRACT

If you have a non-compete Agreement, or any employment agreement, it likely has what we call “A choice of law provision” in it.. That means, the parties agree to be bound by the laws of a specific state. Sometimes you will find Arbitration Agreements in the contract, where parties (or just one party) waive their…

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MEDICAID SPEND DOWN 150 150 Lauren Ellerman

MEDICAID SPEND DOWN

Let me guess… Someone just told your family that (1) nursing home is $6000 a month; (2) you have to spend your own money before you can qualify for Medicaid; (3) if you spend your Money incorerctly, you may not qualify for Medicaid. WELL – HERE IS MY ADVICE. Find a Medicaid attorney in your…

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SORRY – PROTECTION FROM TESTIFYING 150 150 Lauren Ellerman

SORRY – PROTECTION FROM TESTIFYING

Dan wrote an article yesterday on the last minute Bush Administration change that made nursing home federal investigators “employees” such that they cannot testify in civil suits. Think Dan was making it up? Watch this .msnbcLinks {font-size:11px; font-family:Arial, Helvetica, sans-serif; color: #999; margin-top: 5px; background: transparent; text-align: center; width: 425px;} .msnbcLinks a {text-decoration:none !important; border-bottom:…

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BUSH ADMINISTRATION MAKES IT HARDER FOR VICTIMS OF ELDER ABUSE 150 150 Dan Frith
  • Dan Frith

BUSH ADMINISTRATION MAKES IT HARDER FOR VICTIMS OF ELDER ABUSE

No…the title of this post is not an over statement! The Bush administration shut off a source of information last fall about abuse and neglect in long-term care facilities that people suing nursing homes consider crucial to their cases. The change, which affects the $144 billion nursing-home industry, was enacted with no public notice or…

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DO LAYOFFS AFFECT NON-COMPETE CONTRACTS? 150 150 Dan Frith
  • Dan Frith

DO LAYOFFS AFFECT NON-COMPETE CONTRACTS?

In this time of economic hardships a day doesn’t go by without seeing a news report about a local business laying off some of its workers due to financial hardships….and I think the economy is going to get worse before it gets better. What happens under Virginia law if you have signed a noncompete contract…

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ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS 150 150 Lauren Ellerman

ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS

I am tired this morning – for one reason. I stayed up to watch the OSCARS. For an East Coast girl on a Sunday night, this requires dedication. I cheered for my favorite movies, actors etc – and over the course of the evening, I became obsessed with something not connected to the show… The…

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DOCTORS DEMAND SILENCE! 150 150 Dan Frith
  • Dan Frith

DOCTORS DEMAND SILENCE!

If this story wasn’t so disturbing it would be funny! Nationwide, about 2,000 doctors have joined Medical Justice, a Greensboro, North Carolina company that provides the forms to patients, who by signing, essentially agree to forego their right to post negative comments about doctors on the Internet. Medical Justice founder, neurosurgeon, Dr. Jeffrey Segal, founded…

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