Posts by Jacques Balette

On Aug. 8, 2003, plaintiff Dan B. Lain became trustee of the assets of bankruptcy debtor Senior Living Properties LLC (SLP), a nursing home company. Lain’s duties included liquidating the assets and using the proceeds to satisfy claims against SLP, including claims by unsecured creditors and personal injury claimants. Lain sued a surety of SLP’s,…

This case is submitted to you by asking questions about the facts, which you must decide from the evidence you have heard in this trial. You are the sole judges of the credibility of the witnesses and the weight to be given their testimony, but in matters of law, you must be governed by the instructions in this…

Plaintiffs’ decedent Dud Grover Bailey, 90, resided at Electra Healthcare Center from February 1992 until his death on Oct. 14, 2000. While there, his diagnoses included organic brain syndrome, neurogenic bladder with suprapubic catheter after prostate-removal, multiple strokes, myocardial infarction, hypotension, iron deficiency anemia, dementia with psychosis, skin breakdown, constipation and urinary tract infections. Alleging…

FACTS & ALLEGATIONS  Plaintiffs’ decedent Billy Hughes, 82, resided at Childress Healthcare Center from Jan. 1, 1998, until his death, on Dec. 26, 1999, He fell there at least 50 times, and 37 of the falls were unwitnessed.  Alleging that the nursing home’s negligence caused Hughes’ falls, injuries and death, his estate and adult son…

FACTS & ALLEGATIONS On August 10, 2000 the plaintiffs’ decedent, Robert Parks, 80, suffered death by strangulation after being strapped into his wheelchair at Southwood Nursing Home in College Station. Parks had been admit ted to Southwood seven days earlier for physical therapy, and had attempted to leave. In order to prevent him from attempting…

FACTS The plaintiff was the estate of Gertrude Hollins, who died at age 89 after residing in a Longview nursing home for 32 months. Hollins’ nephew, on behalf of her estate, sued the owners and managers of Cleaver Memorial Convalescent Centers, as well as numerous affiliated companies; five nurse employees; a registered dietician whose identity…

Two nursing homes in Texas have recently agreed to pay a total of $9.5 million to settle separate wrongful death actions. Attorneys with The Marks Law Firm in Houston represented the families in both cases. Individually and as Representative of the Estate of Earl Dixon v. South Park Rehabilitation and Nursing Center et al., No.…

Type of Claim NURSING HOME NEGLIGENCE – Frances Gross was admitted to Heritage Park Nursing Home operated by Horizons/CMS Healthcare Corporation on March 23, 1995. At the time of admission, she was 72 and totally dependent, having suffered three strokes over the past two years and had a small pressure sore on her coccyx. She…

Type of Claim Medical Malpractice/Wrongful Death — Nikki Harper, a 44-year-old housewife, had a hysterectomy in August. The hysterectomy went fine, but she kept throwing blood clots, not an uncommon occurrence. The blood clots were treated for several months with medication. She subsequently developed a large clot in her right lung. She elected to have…