Verdicts & Settlements-Hoey
In a pivotal case, the son of a woman killed in a nursing home and his attorney David Hoey were able to convince the appeals court that the arbitration clause in his mother's contract with the nursing home was invalid.
The Supreme Judicial Court of Massachusetts decided that an agreement signed by a deceased nursing home resident's health care agent was not subject to an arbitration clause. The case was vacated and remanded.
An Assisted Living Facility and its owners and managers grew too fast and could not manage the quality of care that their residents required, accepting residents not suited for the facility. The resident suffered multiple falls and eventually died from hemorrhaging.
Nursing home neglected a 91 year-old woman who died of congestive heart failure due to acute sudden renal failure.
Owners and managers of a Boston hotel-parking garage were aware of the dangers in the garage, such as drug activity and homeless vagrants, and failed to provide adequate security when they did not equip the garage with security camera on any of the floors and employed as little as one to two security personnel to patrol the entire hotel complex and the six floor garage.
Nursing home caretaker and staff member took advantage of a dementia resident’s inability to remember past 5 minutes and her complete dependence on others when he sexually assaulted her.
A settlement was reached in the case of a resident choking to death.
Nursing staff ignored signs of respiratory distress in a resident who slowly asphyxiated for 1 1/2 hours due to insufficient oxygen.