Adverse Survey / Statement of Deficiencies — Alleged Neglect Abuse
Represent skilled nursing survey in informal dispute resolution of survey (immediate jeopardy) findings and related imposition of penalties, related to allegations that facility failed to ensure residents were safe from abuse through neglect (related to allegations of inadequate care planning and response to change of condition).
Law Enforcement and Nursing Board Investigation Related to Resident's Death
Represented skilled nursing facility and its nurse related to law enforcement and Nursing Board investigation of complaint of alleged crime related to the death of a skilled nursing facility resident.
Negligence / Wrongful Death Lawsuit
Defended assisted living / memory care community and management company against claims that community negligently failed to take appropriate precautions to address certain risks associated with resident’s alleged conditions, including dementia, resulting in an injury that allegedly caused the resident’s death.
Complex Involuntary Discharge — Dangerous Resident
Represented skilled nursing facility in administrative hearing where resident was involuntarily discharged from facility for ongoing dangerous conduct that included death threats against facility’s administrator and violent conduct directed at vulnerable residents.
Complex Involuntary Discharge — Resident Exceeded Facility’s Level of Care
Represented assisted living facility in administrative hearing where resident was involuntarily discharged because resident’s complex medical condition had deteriorated to the point where resident required higher level of care that community could provide.
Agency Imposition of License Conditions
Defended adult foster home against Department of Human Services in contested case matter to oppose DHS’ imposition of conditions on license. Negotiated terms and conditions to lift of conditions.
Complex Involuntary Discharge — Resident Non-Payment
Represented assisted living facility in administrative hearing where resident was involuntarily discharged for non-payment of fees, but where resident argued that discharge was nonetheless retaliatory.
Employment Law
Combination FMLA Discrimination and Personal Injury Lawsuit
Defended national employer against claim by former employee that employer had unlawfully terminated employee based on employee’s FMLA leave and that employer had caused personal injury to terminated employee’s infant child.
Disability Discrimination Lawsuit
Defended national employer (and certain management employees) against claim by former employee that employer and management discriminated against, harassed, retaliated against, and terminated employee based on employee’s alleged disability.
Whistleblower Retaliation Lawsuit
Defended residential care facility employer against former caregiver employee’s whistleblower retaliation lawsuit, related to Department of Human Services’ investigation of alleged resident abuse. Employee claimed employer retaliated against and terminated employee because employee reported alleged safety and resident abuse violations to the DHS.
Employee Sexual Abuse of Resident
Defended skilled nursing facility against state agency findings that alleged facility had subjected vulnerable facility residents to sexual abuse by failing to take appropriate actions to prevent, detect, investigate, and report alleged sexual abuse perpetrated by a rogue former employee/caregiver.
Employee Theft From Employer
Represented national employer to investigate theft by former manager and to recover stolen funds. Worked with law enforcement and prosecuting attorney to obtain arrest and conviction of employee, and to obtain judgment of restitution and restitution payments from employee.
Protection of Employer’s Employees — Anti-Harassment Protection Order
Represented administrator of assisted living facility to obtain anti-harassment protection order against involuntarily discharged resident who threatened to murder administrator. Employer also retained security guards related to this matter.
Reporting Employee Misconduct to Regulatory Agencies
Represented northwest employer in analyzing issues related to misconduct committed by former employee who is regulated by various agencies, and assisting employer through process of reporting to various regulatory agencies.
Privacy and Data Security / HIPAA Law
Ransomware Attack
Represented skilled nursing facilities with respect to ransomware incidents, including investigation of incidents, HIPAA breach analysis and notice issues, and appropriate mitigation and response issues.
HIPAA-Related Agreements
Represented national employer in preparation of agreement with medical university for use where medical student interns receiving certain training experiences on client employer’s premises, to make sure that HIPAA-based privacy duties are met.
HIPAA Issues Implicated by Witness Subpoena
Represented national senior living and long-term care provider with respect to HIPAA and other privacy concerns implicated when its medical staff was subpoenaed to testify as a third-party witness in a lawsuit. Negotiated with counsel in the preparation and entry of an appropriate Protective Order, including appropriate procedures to comply with HIPAA and otherwise comply with privacy rights and duties.
Social Media Policy Development and Implementation
Prepared training materials for use by professional trade group organization with respect to development, implementation, and enforcement of appropriate social media policies for HIPAA-covered entities’ and other care providers.
HIPAA Compliance / Online Health Application
Prepared HIPAA and other privacy related policies for developer of online-accessed health-related application.
Trusts and Estates / Fiduciary Law
Investigation and Analysis of Financial Abuse Claims
Represented successor trustee of family trustee to conduct investigation of alleged financial elder abuse, allegedly committed by family members/beneficiaries against prior beneficiary (who was a vulnerable person at time of alleged wrongdoing).
Claim Against Fiduciary
Represented beneficiary to investigate trustee misconduct and recover all funds misappropriated by trustee, where trustee financially exploited vulnerable adult beneficiary over a period of years.
Claim Against Co-Beneficiary
Represented beneficiary in preventing co-beneficiary who was criminally convicted of wrongdoing with respect to financial elder abuse from unjustly profiting from that criminal conduct.
Professional Guardian — Informed Consent Services for Vulnerable Persons
In the context of contested case administrative hearings, represented vulnerable persons who lack capacity, through their court-appointed professional guardian, in dispute against state agency, related to rights of vulnerable persons to retain and pay a guardian to make their informed consent medical decisions.
Business Disputes
Lease Dispute
Represented national owner of independent living communities in lawsuit related to dispute between resident, family trust, and community related to lease rights and duties, including right to occupy premises and rights to payments based on sale of right to occupy property.
Insurance Reimbursement Dispute
Represented national senior living and long-term care owners against claim processing contractor related to processor’s negligent and untimely claims processing and unpaid claims.
Judgment — Unpaid Fees
Represented national owner of nursing communities to obtain judgment against estate of former resident to collect unpaid fees for services provided to resident.
Commercial Property Damage
Represented professional contractor in claims against business (and related insurance company) related to property damage caused by operator of business’ motorized vessel which was operated at excessive speed in a no-wake zone.
