Category: Tort Reform

Immunity for Abuse and Neglect

Failure to Protect WRAL reported that in September of 2020, a facility failed to protect a resident from a violent beating. Spring Arbor of Wilmington knew Garland Garrett’s roommate had a history of violent outbursts at the home. They did nothing to protect the vulnerable adult. The facility failed to supervise his roommate who beat

Another Industry Bailout

The Biden Administration continues to bailout the nursing home industry because of their greed and mismanagement are killing residents. Nursing home owners and operators used prior bailout money to satisfy mortgages, shareholder dividends, and siphoning to related entities. HHS Secretary Xavier Becerra admitted: “Provider Relief Funds have been a lifeline for healthcare providers across the

Public Readiness and Emergency Preparedness Act

PREP Act Immunity The Public Readiness and Emergency Preparedness Act is known as the PREP Act. The Act provides some protection against legal claims related to “countermeasures” during a public health emergency. The PREP Act limits “countermeasures” to drugs, products and devices to diagnose, prevent or treat the virus and its transmission. Oregon Live reported

Record Price Per Bed

The average price per bed for nursing homes rose almost 22% year over year for the first quarter of 2021. Even as staffing shortages and low occupancy rates, profits soar because of the bail-outs and high reimbursement rates. Real estate investment trusts are active in the industry. DAC Acquisition LLC entered into a merger agreement with Diversicare

Immunity is Unsafe

Lawsuits deter bad conduct. It is the whole point of the justice system. Without justice and accountability, bad conduct will increase.  For example, Florida gave legal immunity to nursing homes for COVID deaths from careless and reckless infection control. Guess what? Cases of COVID deaths increased after Florida gave nursing homes blanket immunity for neglect

Vaccine Court

National Vaccine Injury Compensation Program Thirty-five years ago, Congress created the National Vaccine Injury Compensation Program. The Program reimburses children hurt by routine immunizations administered as a condition of school entry. The federal program compensates people experiencing vaccine injuries, but not injuries from covid vaccines. This program is known also as the vaccine court. The vaccine

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