Article: assisted living facilities cases

In a new article from The Trial Lawyer magazine, Attorneys David J. Hoey and Shawn J. Tennis discuss the differences between nursing homes and assisted living facilities, their standards of care, staffing levels, and the types of potential cases that can arise from these facilities.

Randolph Killing Underscores Dilemma for Nursing Homes

For the second time in two years, CareOne faces sharp criticism after a younger resident killed an older one at one of its Massachusetts nursing homes. The death highlights a troubling nationwide pattern of violent and sometimes deadly confrontations between nursing home residents.

Tracking Assisted Living Incidents

Massachusetts assisted living facilities reported 305 cases of abuse, neglect, and exploitation involving residents in 2015 – and half of the reports were filed late.

Claims Adjuster Can’t Dodge Suit Over Settling $16M Verdict

A Massachusetts federal judge ruled Tuesday that an insurance claims administrator couldn’t escape an unfair insurance practices suit when it allegedly failed to make a reasonable settlement offer before or after an underlying $16 million verdict stemming from a woman’s death at a nursing home.

Attorney David Hoey receives alumni spotlight in Spring 2017 issue of The Reformer.

For Attorney David Hoey, following the advice of his college wrestling coach has paid huge dividends in his personal and professional life. This alumni spotlight from the Fall 2016-Spring 2017 issue of The Reformer (a publication of the Massachusetts School of Law) details how David embraced the lesson taught by his coach: dedication, determination, and discipline.

Hoey Law Attorney Selected as 2016 New England Super Lawyer

Super Lawyers, the Thomson Reuters lawyer rating service, has announced the 2016 New England Super Lawyers and Rising Stars lists and Hoey Law is pleased to announce that two of our attorneys were among those selected for inclusion.

CMS Increases Mandatory Enforcement of Nursing Homes

For the first time since 1994 when the federal nursing home enforcement regulations were published, the Centers for Medicare and Medicaid Services (CMS) has increased the amount and type of situations when civil monetary penalties (CMPs) must be imposed without first giving the facilities an opportunity to correct their noncompliance.

AAJ releases new report on forced arbitration

Without realizing it, many people sign away their rights to go to court, their rights to a jury, and their rights to other legal precedents when accepting everyday agreements.

Nashua Nursing Home Faces Wrongful Death Lawsuit

St. Joseph Hospital and a local nursing home are being sued for the alleged wrongful death of an 87-year-old veteran who died five years ago after developing pneumonia.

Federal regulators impose steep fine on troubled Wilmington nursing home

Mary Meuse was dropped from a mechanical lift and died two days later. Hers is one of two deaths since December at Woodbriar.

Attorney of the Month David J. Hoey

David J. Hoey has enjoyed a string of noteworthy successes in hard-fought battles for his clients, but he remains grounded by his small-town roots, and remembers the lean times not so long ago.

Wilmington Nursing home retrained workers a month before resident’s death

Nurses at Woodbriar Health Center put a resident back to bed Feb. 8 after a fall. They were supposed to be regularly checking overnight for complications but the next morning, the resident was discovered dead in bed.

Second death cited at Wilmington nursing home

State regulators declared this week that residents at a troubled Wilmington nursing home are in “immediate jeopardy” after a second resident’s death was blamed on substandard care.

Wilmington nursing home fined after resident’s death

A Wilmington nursing home where a worker accidentally dropped a resident who died two days later is being fined thousands of dollars by federal authorities for providing substandard care, according to a government report made public Tuesday.

Fox 5 Boston Investigates Several Instances of Elder Abuse

Attorney David Hoey provides Fox 5 Boston with insights into why nursing home abuse and neglect happens. Learn why many allegations of elder abuse don't show up on the records of caregivers.

Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?

Elizabeth Barrow celebrated her 100th birthday at a backyard gathering with her son and three grandchildren in the coastal Massachusetts town where she raised her family and cooked lunches in a school cafeteria.

Jury Awards Parking Garage Rape Victim $6.6M

Attorney David Hoey was able to obtain an outstanding verdict for his client in a 2009 rape case.

Aging in place

LAURA SHUFELT VIVIDLY remembers the February 2013 call from the assisted living facility in Centerville where her mother was living.

Death at Wilmington nursing home raises new questions

Mary Meuse was all set to visit her family on Christmas. Two days later, the 83-year-old resident of Woodbriar Health Center in Wilmington was dead.

Lynnfield man sues Peabody nursing home

A Lynnfield man is suing Pilgrim Nursing Home, claiming his 81-year- old- mother died because of neglect while in the nursing home’s care.

Family Awarded $14 Million in Death of Danvers Nursing Home Resident

Genevieve Calandro died a month after being taken to a hospital from Radius HealthCare Center in Danvers.

Nursing home found at fault; jury issues $14.5M verdict

A Middlesex Superior Court jury awarded the estate of Genevieve Calandro $1.4 million in compensatory damages and more than $12.5 million in punitive damages, plus interest — “the largest nursing home verdict in the Commonwealth,”

Jury awards $14m in 2008 death

By the time Genevieve Calandro was rushed to the hospital after falling out of her wheelchair at a Danvers nursing home, doctors found a festering pressure sore on her back, acute appendicitis

Stepdaughter wins $400G over nursing home abuse

An Easton woman who battled for years to hold a nursing home accountable for the disfigurement and death of her stepfather has been awarded a $400,000 jury verdict.

Son sues in nursing home slay

Laura Lundquist stands accused of brutally beating and strangling Elizabeth Barrow in September, then wrapping a plastic bag around her head as the centenarian widow lay in bed at the Brandon Woods long-term care facility in Dartmouth.

Slain 100-year-old woman’s family files wrongful-death lawsuit against Brandon Woods of Dartmouth

The 54-count civil lawsuit was filed Wednesday in Essex Superior Court. It names as defendants Scott Picone, executive director of Brandon Woods; several nursing home staff members;

Woman’s death shines spotlight on nursing home problems

“ When you walk through the door it’s very impressive,” said Kim Cavalieri of North Attleboro, one of White’s five adult grandchildren. “ She seemed to be very happy.”

Poor grades for many Massachusetts nursing homes

Nearly 40 percent of the state’s 437 nursing homes received below-average scores during their most recent inspections due to a troubling catalog of lapses and abuses that are putting vulnerable seniors at serious risk, a Herald review has found.

CBS I-Team Report: State Agency Failing To Protect The Elderly

This report covers Massachusetts assisted living centers still in business despite patterns of poor care. Why is this happening? Can someone you know be in danger. Why isn’t the State of Massachusetts doing more to keep our Senior citizens safe.

Sex assault lawsuit filed against local hospital

Imagine that you have been voluntarily admitted to the hospital to recover from an illness or injury and another patient sexually attacks you while you are trying to recover.

Grand jury probes death of nursing home resident

A Suffolk County grand jury is investigating the death of a nursing home resident who suffered a brain injury after falling down a flight of stairs, according to the owners of Hunt Nursing & Retirement Home in Danvers.

Woman sues for attack at care facility: Patient violence is growing concern

Ellen Berman didn’t want to force her weakening mother to leave her Sudbury home. But when Alzheimer’s disease began causing the 83- year-old woman to believe that men on the television were attacking her

Legal claims on rise against nursing homes

Ruth Ginsburg’s family brought her to a Canton nursing home in 1999 after she fell in her apartment and broke her arm. With her mild Alzheimer’s symptoms, they thought she’d be able to recover more quickly with skilled nursing care.

Patient’s death generates lawsuit

The parents of a Sunbridge Rehabilitation patient who died after breaking her hip at the facility are preparing to take legal action against the trou­bled head injury center.


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We serve families of loved ones in nursing homes, assisted living facilities, group homes, day centers, wheelchair van transports, malpractice, and home care. Our firm helps victims of neglect, abuse, and maltreatment in Massachusetts, New Hampshire, and Vermont, no matter which county, town, or city they live in. We also answer requests to consult with other lawyers and help represent families and victims in many other states.