Posts by Jacques Balette
Pleading and Discovery Strategies in the Nursing Home Malpractice Case 1
1.01 — Introduction The most important decision made on a recurrent basis by the personal injury practitioner is the decision to accept a case and invest time, experience and money towards its resolution. The lawyer prone to accept a number of speculative or marginal cases is destined to drain his or her office of the…
Read MoreNURSING HOME LOSES $83 M FOR WRONGFUL DEATH, FRAUD
CASE TYPE: negligence, fraud CASE: Holder v. Beverly Enterprises Texas Inc., 95437 (Dist. Ct., Rusk Co., Texas) PLAINTIFF’S ATTORNEYS: David T. Marks, of Houston’s The Marks Firm: David Hill, of Henderson, Texas’ Wellborn, Houston, Adkinson, Mann, Sadler & Hill; and Timothy Lee, of Houston’s Ware, Snow, Fogel, Jackson & Greene DEFENSE ATTORNEYS: Deanna Smith and…
Read MoreJury Found for Plaintiffs on All Issues, Allocated Responsibility at 70% Beverly Enterprises and 30% Beverly Enterprises Texas.
Jury found for Plaintiffs on all issues, allocated responsibility at 70% Beverly Enterprises and 30% Beverly Enterprises Texas. Additionally, found that both Defendants had engaged in intentional fraud. Awarded: $12,000,000 pain & suffering. $ 1,000,000 disfigurement. $70,000,000 punitive damages. $83,000,000 Total Award. 11 1 (20 day trial) Medical malpractice statute 4590i requires a reduction in…
Read MoreZurich Financial To Pay $47.5M In U.S. Nursing Home Settlement
ZURICH (Dow Jones) – Switzerland-based insurer Zurich Financial Services AG (ZURN.VX) said Tuesday that it has reached a settlement regarding the bankruptcy of a U.S. nursing home chain Senior Living Properties. Under the agreement, Zurich will pay $47.5 million. The company said its reserves will fully cover the payment. The settlement puts an end to…
Read More$3 million awarded in local case
JACKSONVILLE — The Cherokee County Second Judicial District awarded $3 million to Groveton resident Alvaro Chavez following a case against Gardner Oil Inc. for delivering tainted fuel, said Chavezʼs attorney, Jacques Balette. He said this is the largest personal injury settlement for pain and suffering in the last 15 years or more. “It was diesel…
Read MoreRecord Setting Settlement Announced ($23 million awarded for injuries causing paralysis)
HOUSTON – On August 3, 2009, the 2nd Judicial District Court of Cherokee County, Texas approved a record-setting settlement totaling $23,215,206.57 for a 32-year-old man who suffered paralysis when a defective air jack exploded while he was performing routine maintenance at the Stryker Creek Power plant in Cherokee County. According to Verdict Search, the settlement…
Read MoreResident was dehydrated, malnourished, had bed sores
FACTS & ALLEGATIONS Plaintiffs’ decedent Brenda Lowe, 82, entered a Bexar County nursing home on Nov. 16, 1998. The facility was owned by Summit Care-Texas Inc. Her medical history included congestive heart failure, hypertension, atrial fibrillation and a recent hip fracture that required a hip implant. Lowe’s physician ordered that the staff should turn and…
Read MoreNURSING HOME-WRONGFUL DEATH $6,000,000
Plaintiffs alleged that the nursing home and its employees attempted to cover up Ms. Larson’s death, and this was vehemently denied by Defendants. Defendants attempted to resuscitate Ms. Larson and contacted 911, and there was no evidence of any attempt to cover up Ms. Larson’s death or the circumstances surrounding her death. Furthermore, there was…
Read MoreInsurance Giant Found to be Partner in Operation of Bankrupt Nursing Home Chain – Liability May Exceed One-Half Billion Dollars
A recent decision by a Texas bankruptcy judge represents a precedent-setting ruling of note to lenders, sureties, and insurance companies involved in structured finance transactions. On April 22, 2004, Steven A. Felsenthal, Chief United States Bankruptcy Judge for the Northern District of Texas, Dallas Division, entered a declaratory judgment against ZC Specialty Insurance Company (“Zurich”),…
Read MoreDiabetic patient suffered severe dehydration at facility
FACTS & ALLEGATIONS Plaintiffs’ decedent Payton Moore, 75, resided in a nursing home for approximately one year before transferring to a different one in December 1999. The names of the facilities were not disclosed for this report. While Moore was residing in the first facility, his diagnoses were diabetes mellitus, left endarterectomy, two myocardial infarctions,…
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