Garcia & Artigliere filed a class action lawsuit against Barbourville Health and Rehabilitation Center and its owner Terry Forcht for allegedly profiting from systematically and knowingly understaffing the facility – a direct violation of Kentucky and federal law. The facility was found to have provided an average of 56% less registered nurses than required and 19.8% less total nursing hours than was required.
“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. This lawsuit is an effort to remedy that wrong and ensure this facility has sufficient staff to meet the needs of its elderly and infirm residents all good and fine citizens of Kentucky who deserve dignity and respect.”
In addition to seeking monetary relief, the lawsuit seeks an injunction which would require the facility to staff at levels appropriate to meet the needs of their residents on an ongoing basis and subject to independent monitoring with significant consequences were Barbourville Health and Rehabilitation Center to fail to do so.
Stephen M. Garcia represents victims of elder and nursing home abuse and is known as one of the leading civil litigators in the country. He is Senior Partner at Garcia & Artigliere, where the firm’s practice is focused on elder abuse, nursing home abuse, and wrongful death of the elderly.
Find out more about Stephen M. Garcia