Do you remember in Star Wars when Princess Leia says “Help me Obi-Wan Kenobi, you’re my only hope?”

Well where do you turn when nursing homes continue to require families to sign arbitration contracts, without proper instruction as to what the contracts mean?

“Help me Congress – you are our only hope!”

Legislation Eliminates Mandatory Binding Arbitration as a Shield for Negligent Nursing Home Corporations

“Washington, DC— Today, the Senate Judiciary passed the Fairness in Nursing Home Arbitration Act (S.2838), moving Wisconsin resident David Kurth and his family one step closer to getting justice. David Kurth testified before the Senate Judiciary Committee in June about the tragic death of his father, William F. Kurth who died due to severe neglect of care while in a nursing home facility. When the Kurth family tried to hold the nursing home corporation accountable they were told that Mrs. Kurth, who was 82 at the time, unknowingly signed an arbitration clause.

The Kurth family is just one of many families around the country that are forced into binding mandatory arbitration clauses when trying to find long term care for their loved ones. The Fairness in Nursing Home Arbitration Act would prevent nursing home corporations from forcing these agreements on patients and their families before a dispute occurs. The House of Representatives Judiciary Committee passed similar legislation in July.

“The practice of mandatory arbitration in nursing home contracts is one that preys on vulnerable seniors and their families when they are making tough decisions about long-term care,” said American Association for Justice (AAJ) President Les Weisbrod. “It is a system deliberately designed to take advantage of the weakest members of our society in order to pad the profits of greedy nursing home corporations.”

“AAJ attorneys represent families who are still recovering from the tragic neglect of a loved one when they are told that they cannot hold the nursing home accountable because of a hidden arbitration clause. The Fairness in Nursing Home Arbitration Act would ensure that no other families are duped out of their right to get justice after a nursing home tragedy.”

About the author

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.

Back to top