Illinois Partner Prevails on Appeal in Illinois Nursing Home Care Act Suit
Chicago Partner Larry Stolberg recently obtained affirmance on appeal in the Illinois First District Appellate Court on behalf of our nursing home client in a case involving alleged violations of the Illinois Nursing Home Care Act.
An independent administrator and family member filed suit in the Circuit Court of Cook County on behalf of the decedent, a former resident of our client’s nursing home, alleging violations of the Nursing Home Care Act (“Act”). In the suit, Plaintiff claims that the decedent fell at our client’s nursing home, which allegedly caused decedent’s head injury and required hospitalization. Additionally, it was alleged that the decedent developed pressure injuries as a result of purported violations of the Act.
Subsequently, our defense attorney Larry Stolberg filed a Motion for Summary Judgment, arguing that Plaintiff failed to demonstrate that any alleged violation of the Nursing Home Care Act and/or any alleged negligence by our client’s nursing facility proximately caused harm to the decedent. The Circuit Court granted the Motion for Summary Judgment finding that Plaintiff had not presented sufficient evidence to establish causation.
During the litigation, Plaintiff failed to disclose a medical expert to testify regarding causation and did not elicit causation testimony from any of the medical witnesses who were deposed. Plaintiff argued that the retained nurse practitioner was qualified to offer causation opinions. That nurse practitioner was deposed and Mr. Stolberg elicited testimony from that witness that she was not qualified to provide medical causation testimony or medical opinions.
In March 2026, the Appellate Court affirmed the Circuit Court’s decision granting summary judgment in favor of the defendant nursing home.
Lawrence R. Stolberg focuses the majority of his practice in healthcare and on medical-related matters while defending nursing homes, hospitals, physicians and nurses, and has a range of trial experience defending general liability, premises, trucking and construction litigation cases.