Garcia & Artigliere filed a class action lawsuit against Hazard Nursing Home, Inc. and its owner Terry Forcht, for allegedly profiting from systematically and knowingly understaffing the facility – a direct violation of Kentucky and federal law. From 2019 to 2021, an analysis of publicly available data reported by the facility showed the residents received approximately 74% fewer registered nurse hours than required for the resident population, resulting in the plaintiffs suffering a myriad of injuries and damages.
“Our lawsuit asserts the Defendants siphoned funds away from the facility under the guise of management and administrative fee expenses which were ‘related-party transactions’ as reported in Medicare cost reports submitted to the State,” said Senior Attorney Stephen Garcia. “The Complaint alleges that through these budgetary constraints, the Defendants systematically failed to have the resources or the staff on hand to manage the care of residents. As a result, the class members who paid good money to the facility and trusted they would be taken care of, suffered a violation of their rights and harm.”
In addition to seeking monetary relief, the lawsuit seeks an injunction which would require the facility to staff at levels appropriate to the needs of their residents on an ongoing basis and subject to independent monitoring with significant financial consequences. Garcia noted, “It is our hope and intention that an injunction will significantly alter, for the better, the care provided to residents in Hazard and Kentucky as a whole by ensuring that there are enough staff on duty in the facility to actually provide care to the residents.”
Our elder law attorneys are here to protect the elderly and to seek justice in their name. We handle elder neglect and nursing home abuse cases on a contingent fee basis, which means we charge no upfront costs and you pay no legal fees at all unless we are successful in recovering a settlement or award on your behalf. You have nothing to lose by giving us a call today.
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