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Illinois Partner Prevails for Long-Term Care Facility

Chicago Partner Lawrence R. Stolberg recently obtained a favorable result on behalf of our long-term care facility client in the Circuit Court of Cook County, Illinois.

Plaintiff, daughter of the decedent who resided at Defendant’s long-term care facility, alleged violations of the Illinois Nursing Home Care Act against our client. In her suit, Plaintiff alleged that the decedent experienced a fall while living in our client’s facility and sustained a fracture to his hip. Plaintiff further alleged that the decedent developed pressure injuries to his sacrum (stage III) and to his right heel.

The case was filed in the Circuit Court of Cook County; however, the Defense successfully moved to dismiss the claim based upon a signed arbitration agreement. Thereafter, the matter was assigned to ADR Systems for binding arbitration. Plaintiff’s demand for settlement during the arbitration process was $825,000.00, and was later reduced to $525,000.00 prior to the commencement of the binding arbitration. At the outset of the arbitration hearing, Defense counsel presented a Motion in Limine to bar Plaintiff’s medical expert from testifying as to nursing standard of care opinions. Defense counsel argued that Plaintiff’s expert was not qualified to offer nursing standard of care opinions based upon the case of Sullivan v. Edward Hospital. The Court not only granted Defense counsel’s Motion in Limine, but also barred the expert from testifying at the arbitration as there was no other witness to testify regarding nursing negligence, and therefore, there was no basis for the expert’s causation opinions.

Plaintiff claimed more than $300,000.00 in medical expenses along with pain and suffering, and disability. Following Motions in Limine, and prior to the opening statements, a nominal settlement offer was extended by Defendant and was accepted by Plaintiff.

Larry focuses the majority of his practice in healthcare and medical-related matters while defending nursing homes, nurses, hospitals and physicians. He has more than 30 years of experience as a trial attorney and has successfully tried a number of cases to verdict on behalf of his clients.