Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Civil Case Pleadings & Materials

In the United States District Court, D. Utah, Central Division, United States of America, ex rel. Edyth L. Sikkenga, and Edyth L. Sikkenga, on her behalf v. Regence BlueCross BlueShield of Utah f/k/s Blue Cross and Blue Shield of Utah, Associated Regional and University Pathologists, Inc., John P. Mitchell, Jed H. Pitcher, Frank Brown, and Does 1 - 30, Memorandum Decision and Order. Plaintiff failed to plead fraud with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure. Defendants' Motion to dismiss the amended complaint is granted with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claim, which is dismissed without prejudice, WESTLAW Case Research/Slip Copy (9/12/2007)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Eastern District of Missouri, Eastern Division, United States of America v. Cathedral Rock Corp., et al. Opinion, Memorandum and Order. Motion to Dismiss is granted in part and denied in part, Count III ( False Claims) of Plaintiff's Complaint is dismissed, Plaintiff is given 14 days from the order date to file an amended Count III. (11/30/2007)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Eastern District of Missouri, Eastern Division, United States of America v. Cathedral Rock Corp., et al. The United States Memorandum in opposition to Defendants' Motion to dismiss the Complaint in Intervention. United States respectfully requests Defendants' Motion to dismiss to be denied. (9/6/2007)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Eastern District of Missouri, Eastern Division, United States of America v. Denise Hardy and South St. Louis Orthopedic Group, Inc. Indictment. The Defendants knowingly and willfully executed a scheme to defraud Medicare and Missouri Medicaid programs. (8/30/2007)

Federal
Civil Court Opinions

In the U.S. District Court Western District of Washington at Takoma, Sheri Sweeney, Qui Tam Plaintiff v. Manorcare Health Service, Inc., Stacey Mesaros and John Doe, Inc.. Motion to amend Complaint, to compel further discovery on issue of Medicare/Medicaid reimbursements and to continue discovery deadlines, and Qui Tam Plaintiff's Motion to amend second amended complaint and Qui Tam Plaintiff's amended complaint and Motion to amend second amended Complaint, all Motions denied. (2/27/2006)

Federal
Civil Case Pleadings & Materials

United States of America and the State of Illinois ex rel. Vanessa Absher and Lynda Mitchell v. Momence Meadows Nursing Center, Inc., and Jacob Graff, in the United States District Court, Central District of Illinois, Urbana Division, United States Statement of Interest pursuant to 28 U.S.C. § 517 and/or Amicus Brief in Response to Defendants' Motion to Dismiss. U.S. respectfully requests the Defendants' Motion to Dismiss be granted in part and denied in part. (9/1/2006)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Western District of Washington, Sheri Sweeney, ex rel. United States of America v. Manorcare Health Services, Inc., a Delaware Corporation, and Stacey Mesaros, United States Statement of Interest pursuant to 28 U. S. C 517 and Amicus Brief in response to Relator's Motion to Submit an Amended Complaint. Plaintiff urges the Court to reconsider and clarify its prior analysis of Relator's worthless services and "regulatory violations" claims because that may form the basis for a viable FCA violation, oral argument required. (1/30/2006)

Federal
Civil Case Pleadings & Materials

Westlaw Case Research - In the United States District Court, Eastern District of Missouri, Eastern Division, United States v. Robert D. Wachter, American Healthcare Management, Claywest House Healthcare, Oak Forest North, and Lutheran Healthcare, Order. Defendant Wachter Motions to strike surpluses for a bill of particulars and to compel compliance with court order are denied. Defendants' Motions for leave to file additional Motions to compel compliance with court order to quash government subpoena and to strike are denied. Defendants American Healthcare management, Claywest House Healthcare, Oak Forest North, and Lutheran Healthcare Motion to join pleadings filed by Wachter is sustained. Recommended is Defendant Wachter Motion to dismiss the indictment be denied. Recommended is defendant Wachter's Motion to sever Defendant Wachter from the other defendants be denied. (8/23/2006)

Federal
Civil Case Pleadings & Materials

Settlement Agreement between the U.S.; the State of Missouri; and Defendants American Health Management, Inc., Claywest House Healthcare LLC, Lutheran Healthcare LLC, Oak Forest North LLC, Robert D. Wachter, and R. William Breece, regarding submission of false claims seeking per diem reimbursement from Medicare for nursing care, bed and board, supplies and services. (10/14/2005)

Federal
Civil Case Pleadings & Materials

United States and the State of Colorado v. Health Care Management Partners, Ltd, (HCMP), et al., in the United States District Court for the District of Colorado, Defendant V. Robert Salazar's Motion to Dismiss and Supporting Brief. (3/1/2005)

Federal
Civil Case Pleadings & Materials

United States and the State of Colorado v. Health Care Management Partners, Ltd, (HCMP), d/b/a O'Hara Regional Center for Rehabilitation, ORCR, Inc., d/b/a O'Hara Regional Center for Rehabilitation, Inc., Solomon Health Management, LLC. (Solomon) d/b/a Solomon Health Services, LLC, and Hersch "Ari" Krausz, David Sebbag, and V. Robert "Rob" Salazar, in the United States District Court for the District of Colorado, First Amended Complaint. (10/4/2005)

Federal
Civil Case Pleadings & Materials

United States of America ex rel. Bobbi Chadwick, Doris Jodice, Erika Kern v. Forrest L. Preston, Life Care Centers of America, Inc., Gwinnett Medical Investors Limited Partnership, Developers Investment Company, Inc., and Scott C. Keiser, in the United States District Court for the Northern District of Georgia, Atlanta Division, Stipulated Consent Order and Order of Dismissal. The settlement includes monetary payment and terms. (12/21/2005)

Federal
Civil Case Pleadings & Materials

In the United States District Court for the District of Colorado, the United States of America v. HEALTH CARE MANAGEMENT PARTNERS, LTD, (HCMP), d/b/a O'HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; O'HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; ORCR, INC. d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, INC., a corporation; SOLOMON HEALTH MANAGEMENT, LLC, (Solomon), d/b/a SOLOMON HEALTH SERVICES, LLC, limited liability companies; HERSCH "ARI" KRAUSZ; DAVID SEBBAG, and V. ROBERT "ROB" SALAZAR, individuals, Order Concerning defendant, Robert Salazar's, Motion to Dismiss. Defendant Robert Salazar's Motion to dismiss the First Amended Complaint filed 10/7/2005 is granted as to the first, second, third, fourth, fifth and seventh claims for relief in the First Amended Complaint. Defendant Robert Salazar's Motion to Dismiss the First Amended Complaint, filed 10/17/2005, is denied. Defendant Robert Salazar's Motion to Dismiss filed 3/1/2005 is denied. (10/31/2005)

Federal
Civil Case Pleadings & Materials

In the United States District Court for the District of Colorado, the United States of America v. HEALTH CARE MANAGEMENT PARTNERS, LTD, (HCMP), d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; O’HARA REGIONAL CENTER FOR REHABILITATION, limited partnership; ORCR, INC. d/b/a O’HARA REGIONAL CENTER FOR REHABILITATION, INC., a corporation; SOLOMON HEALTH MANAGEMENT, LLC, (Solomon), d/b/a SOLOMON HEALTH SERVICES, LLC, limited liability companies; HERSCH “ARI” KRAUSZ; DAVID SEBBAG, and V. ROBERT "ROB” SALAZAR, individuals, First Amended Complaint. Plaintiff's claims for relief against Defendants for statutory damages sustained by the U.S. and civil and punitive penalties against Defendants. The amounts to be determined at trial by jury. (10/4/2005)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Eastern District of Missouri, Eastern Division, United States v. Robert D. Wachter, American Healthcare Management, Claywest House Healthcare, Oak Forest North, and Lutheran Healthcare, Indictment. Conspiracy, false statements concerning health care. (11/17/2005)

Federal
Trial Pleadings

Alleges: abuse of process; fraud on the Court; waste and fraud; interference with advantageous business relations; slander and libel; extortion; intentional infliction of emotional distress. (2004)

Federal
Civil Court Opinions

In the U.S. District Court Western District of Washington at Takoma, Sheri Sweeney, Qui Tam Plaintiff, for and on Behalf of the United States of America v. Manorcare Health Service, Inc., Stacey Mesaros and John Doe, Inc. Claim filed 6/9/2003 asserting claims under the False Claims Act. Motion of Defendants to dismiss with prejudice Relator's Fraud-Based FCA claims asserted in Plaintiff's second amended Complaint, Plaintiff's Motion to amend the Complaint and Motion for deferral pursuant to Federal Rule of Civil Procedure 12(d). Defendants' Motion to Dismiss is granted. Plaintiff's first three causes of action denied with prejudice, Plaintiff's request for an opportunity to further amend is denied with prejudice, the Plaintiff's request for delay in denied. (6/9/2003)

Federal
Civil Case Pleadings & Materials

Written Testimony of Catherine Hawes, Ph.D., before the U.S. Senate Committee on Finance, regarding the improvement of the quality of nursing care post-OBRA. However, the quality of care declined over the past decade due to inadequate regulatory process, perverse reimbursement incentives, inadequate staffing and training. (7/17/2003)

Federal
Civil Case Pleadings & Materials

Kaiser publication. Report finds states have set higher staff levels than the federal government requires, but most states fall below the preferred levels recommended by experts. States increase regulatory requirements and funding for staff pay and benefits. On federal level Congress has passed bills to test innovative ways to increase nursing homes' staffing levels, to improve nurse retention and quality of care, to improve new staffing requirements on nursing facilities. (6/2002)

Federal
Civil Court Opinions

United States brought action against NHC Health Care Corporation in the U.S. District Court of W.D. Missouri, Southern Division, alleging that operation of the long term care facility submitted false or fraudulent Medicare and Medicaid bills to the United States in violation of the False Claims Act for inadequate care to its residents. Defendant's Motion Granted in part and Denied in part. (7/17/2001)

Federal
Civil Case Pleadings & Materials

Report to Congress, Phase II Final, provides basis for policy debate and initiatives related to nursing home staffing. There were found relationships between increase in nursing staffing ratios and avoidance of critical quality of care problems. Recommended better management and supervision practices, improvement of initial nursing training, improvement of standards of care, in some cases wage increases for nursing personnel, and cost cuts. (12/2001)

Federal
Civil Case Pleadings & Materials

In the United States District Court, Eastern District of Missouri, Southern Division, United States v. NHC Health Care Corp., et al. Plaintiff's Opposition to Defendants' Motion for Summary Judgment, Plaintiff respectfully requests the Court to deny Defendants' Motion for Summary Judgment plus further relief. (6/15/2001)

Federal
Other Materials

Requests Court deny summary judgment motion; argues plaintiff entitled to insurance certificate benefits with prejudgment interest, compensatory and punitive damages for post claim underwriting. (2001)

Mont. Code Ann. §33-15-403 and §33-15-403(2) and §33-18-215 and §33-18-242 and §33-18-242(3) and §33-18-201(1) and §33-18-201(4) and §33-18-201(6) and §27-1-221(2)

Federal
Civil Court Opinions

United States brought action against NHC Health Care Corporation in the U.S. District Court of W.D. Missouri, Southern Division, alleging that operation of the long term care facility submitted false or fraudulent Medicare and Medicaid bills to the United States in violation of the False Claims Act for inadequate care to its residents. Court ordered that the Government has sufficiently plead causes of action and failed to establish the need for a declaratory judgment, Motion to Dismiss Denied in part and Granted in part. (8/30/2000)

Federal
Civil Case Pleadings & Materials

Guidance on how information concerning the investigation of potential violations of law by health care providers rendering inadequate care or harming and abusing patients should be expeditiously disseminated to the appropriate authority to minimize further harm. (5/18/1998)

Federal

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