Trouble with images? View as a Web page.

Facebook Twitter More...
Polsinelli Shughart PC Health Care Law In the News
Attorneys

Matthew J. Murer
Practice Area Chair

Jason T. Lundy
Practice Area Vice-Chair

Charles P. Sheets
Practice Area Vice-Chair


Douglas K. Anning
Mary Beth Blake
Anne M. Cooper
Meredith A. Duncan
Kara M. Friedman
Jonathan K. Henderson
Joan B. Killgore
Chad K. Knight
Jane K. McCahill
Thomas J. Schenkelberg
Kathryn M. Stalmack
Andrew B. Turk

 

To learn more about our
Health Care | Long-Term
Care and Senior
Housing practice,
click here.

 

To learn more about our
Health Care practice,
click here.

 

 

Subscribe to:
Polsinelli Shughart
Health Reform and
Related Policy News

polsinelli.com

February 2012

 

Illinois Jury Found Nursing Home Liable for $28.1 Million in Whistleblower Case Alleging Substandard Care and Resident Abuse

A Polsinelli Shughart Update

 

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing home and its prior owner were held liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing of worthless services and false certification that the nursing home was in compliance with federal and state patient care regulations.

Past employees of Momence Meadows Nursing Center brought this whistleblower action alleging that the nursing home defrauded Medicare and Medicaid by providing substandard care that left residents neglected and abused. The plaintiffs provided evidence of noncompliance with normal nursing home procedures, which caused, for example, resident burns, failure to contain a scabies outbreak, and failure to follow proper procedures regarding the prevention and care of pressure ulcers. In addition, the plaintiffs alleged that the nursing home retaliated against them after complaining about inadequate care and manipulated records to show residents received appropriate care.

The jury imposed the $28.1 million verdict by reaching two main determinations:

  • The defendants made 1,729 false or fraudulent claims. With an $11,000 civil penalty per occurrence, this amounted to more than $19 million.

  • The government lost over $3 million due to the nursing home providing worthless services, which resulted in an additional $9.1 million in penalties.

The plaintiffs were also awarded over $400,000 collectively for their retaliation claim.

What Providers Should Know

  • This is one of the first False Claims Act cases in Illinois that centers on quality of care in a nursing home.

  • The plaintiffs brought this case, in part, under a state law not traditionally used—the Illinois Whistleblower Reward and Protection Act.

  • The jury verdict highlights the tremendous liability that may arise from allegations of substandard care, particularly in the area of skin care.

  • There is a potential that more plaintiffs' attorneys will look toward this type of action, given its newfound success.

For More Information

For questions, please contact:


  To learn more about our RSS feeds, click here. Click here to learn more about our RSS feeds. Click here to learn more about our RSS feeds.

Polsinelli Shughart | In the News

Headlines and Bylines from polsinelli.com


 

Prominent New York Bankruptcy Attorney Joins Polsinelli Shughart

KCTV5 Interviews Attorney Luke Hagedorn About Wind Energy Economics

President - Elect of the American Health Lawyers Association Joins Polsinelli Shughart

e-Alert: Changes to Patients' Rights Under the Final Rule

Video: Honoring Our Retiring Shareholder Harlan Stamper

Subscribe to: Polsinelli Shughart Health Reform and Related Policy News

   
 

Get more news from polsinelli.com.

   
Click here to learn more about our RSS feeds.

 

ABOUT POLSINELLI SHUGHART:

    Facebook
Connect with us on Facebook. Connect with us on Twitter. Connect with us on LinkedIn.

Serving corporations, institutions, entrepreneurs, and individuals, our attorneys build enduring relationships by providing legal counsel informed by business insight to help clients achieve their objectives. This commitment to our clients' businesses has helped us become the fastest-growing, full-service law firm in America*. With more than 600 attorneys in 16 cities, our national law firm is a recognized leader in the industries driving our growth, including health care, financial services, real estate, life sciences and technology, energy and business litigation. The firm can be found online at www.polsinelli.com. Polsinelli Shughart PC. In California, Polsinelli Shughart LLP.

* Inc. Magazine, September 2012

 
       
         
         
Chicago, Dallas, Denver, Edwardsville, Jefferson City, Kansas City, Los Angeles, New York Overland Park, Phoenix, St. Joseph, St. Louis, Springfield, Topeka, Washington, D.C., Wilmington DE
 

To update your email preferences, please contact us at Interaction@polsinelli.com. To opt out of these communications, click the unsubscribe link below.

Polsinelli Shughart provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.

Polsinelli Shughart is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements.

Polsinelli Shughart PC. In California, Polsinelli Shughart LLP. Polsinelli Shughart® is a registered trademark of Polsinelli Shughart PC.


Copyright © 2013 Polsinelli Shughart PC ®.

 
           
Polsinelli Shughart