Posts Tagged ‘W. Timothy Needham’

Because of the success the Janssen Law Firm had in litigation against nursing homes, people often ask us what they should look for in determining whether to put their loved one in such a home.   Starting January 1, 2011, it will be easier to make that determination.

As of that date, all California nursing homes will be required to post the ratings for that facility under the MEDICARE 5-STAR RATING SYSTEM.  That system looks at three different criteria to determine home’s rating: (1) health inspections; (2) staffing numbers; and (3) quality measures.

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Journalist Matt Drange of the Eureka Times-Standard covered the Lavender v. Skilled Healthcare jury trial, writing in depth in a three part series the stories underlying the class action law suit against Skilled Healthcare.  Drange noted that it was the longest civil trial in Humboldt County history, and the $677 million verdict was the largest trial result in the United States in 2010.

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NEW RULES ON CORPORATE DISCLOSURE MAY SPELL THE END OF HIDE AND SEEK BY NURSING HOMES

In recent years thousands of nursing homes across the nation have been purchased by large Wall Street private equity companies.  Unfortunately, the pattern has been that, once purchased, the private investors cut expenses and staff often below the legal minimum requirements.

Further, those companies have set up Byzantine structures to attempt to insulate themselves from liability and break up their corporations into innumerable LLC’s so that no one can determine who actually is responsible.  In bringing such lawsuits for elder abuse against nursing homes here in Northern California, we have often had to spend a substantial amount of time simply figuring out who actually owns and controls the skilled nursing facility.

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Settlement in Skilled Healthcare suit has been approved by court and praised by nursing home reform advocates.

On December 1, 2010, the Times Standard interviewed The Janssen Law Firm’s Lead Trial Lawyer Timothy Needham about the Humboldt County Superior Court’s Final Approval of the Settlement in the Skilled Healthcare Lawsuit.   The $677 million dollar jury verdict was the largest award ever given by a Humboldt County Jury.

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Recently, in preparing to try a seven-month jury trial in Humboldt County,  I tried to find an article with advice on how to prepare for a marathon trial.   Surprisingly, there was very little on the subject.  Therefore, I turned to my usual sources (attorneys who’ve been there) and obtained the following insights, all of which proved true:

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On July 6th, 2010 a Humboldt County jury returned a verdict in excess of $670 million dollars against Skilled Healthcare Group, Inc., Skilled Healthcare LLC and 22 subsidiaries located throughout California for violating the state minimum staffing requirements.  The plaintiff class was represented by members W. Timothy Needham, Michael Crowley, Amelia Burroughs and Patrick Griego of the Janssen Law Firm from Eureka, by Michael Thamer from Callahan,  and Chris Healey of the Luce Forward firm from San Diego.  This is the highest verdict ever achieved against a nursing home chain and one of the highest in the United States this decade.   In its verdict the jury found that defendants understaffing was done with malice.   The jury will return on July 15th to decide the amount of punitive damages the defendants should pay as a result of their misconduct.   The specific Skilled Healthcare facilities sued were Alexandria Care Center, LLC, Alta Care Center, LLC, Anaheim Terrace Care Center, LLC, Bay Crest Care Center, LLC, Brier Oak on Sunset, LLC, Carehouse Healthcare Center, LLC, Devonshire Care Center, LLC, Elmcrest Care Center, LLC, Eureka Healthcare and Rehabilitation Center, LLC, Granada Healthcare and Rehabilitation Center, LLC, Hancock Park Rehabilitation Center, LLC, Montebello Care Center, LLC, Royalwood Care Center, LLC, Pacific Healthcare and Rehabilitation Center, LLC, Seaview Healthcare and Rehabilitation Center, LLC, Sharon Care Center, LLC, St. Luke Healthcare and Rehabilitation Center, LLC, Sycamore Park Care Center, LLC, The Earlwood, LLC, Valley Healthcare Center, LLC, Villa Maria Healthcare Center, LLC, Willow Creek Healthcare Center, LLC.

Having recently finished a trial where videotaped depositions were used extensively, the following is some practical advice for both taking and defending videotaped depositions.

First, under California law, any deposition may be videotaped provided that the Notice of Deposition indicates the intent to videotape that deposition.  [CCP §2025.220(a)(5)].  Further, with any videotaped deposition, there are certain necessary practical requirements under CCP §2025.3430, including (a) the site for the deposition must be “suitably large, adequately lighted, and reasonably quiet”; (b) the operator of the recording of the recording equipment must be competent [CCP §2025.340(b)]; and the operator must not employ any special effects to distort the demeanor of the participants. [CCP §2025.340(g)]

From a practical standpoint make sure that your client is appropriately dressed.  Presume that the videotaped deposition will be shown to the jury and have the client dress for that purpose.  As an example, one of the witnesses in the recent case wore an orange short sleeve shirt to his deposition which was almost identical to the jump suits that prisoners wear when they are in the dock.  Not a good idea!

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