Staffing Failures in Nursing Homes

Michael A. Brusca | Davis & Brusca, LLC

Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area.

He shares his knowledge on this important topic by regularly lecturing around the country and teaching other lawyers to prosecute these claims the right way. He has also been consulted by reporters and law enforcement in this field.

Michael has been published many times, including in the New Jersey Law Journal and in “Trial” – the national attorney magazine published & disseminated by the American Association for Justice.

He currently serves as the chairman of the Executive Board of the National Nursing Home Litigation Group for the American Association for Justice.

Michael brings a unique perspective to his work. He himself has lost family members in institutions and he knows, first-hand, what it’s like to see someone you care about struggle and die. He uses that passion and understanding to bring about justice for his clients.

Michael is a highly skilled and experienced advocate. Prior to entering private practice, Michael served as a Judge Advocate in the United States Air Force, where he tried many cases all over the world, including Japan, Qatar and Kuwait.

In New Jersey, he was lead counsel for the plaintiff in the case of Dwyer v. Harborview, which generated the largest nursing home verdict to date: $13.2 Million. While the verdict was later the subject of posttrial motions and an appeal, and ultimately settled for a different amount, the results demonstrate Michael’s considerable skill in the courtroom. Please note, every case is unique, and no specific case or outcome can predict future results.

Jordan Powell | Passen & Powell

Jordan S. Powell, one of the Founding Partners of Passen & Powell, has devoted his entire career to the representation of victims of negligence, including automobile accidents, medical malpractice, nursing home negligence, assisted living negligence, construction accidents, premises liability and pool drownings.

Jordan has received several honors for his work, including:

• Chicago Daily Law Bulletin: 40 under 40 2012
• Illinois Super Lawyers 2012 – present
• Emerging Lawyers by Leading Lawyers 2015 – present
• The National Trial Lawyers: Top 40 Under 40 2016 – present

To learn more about what his colleagues say, please read ‘Law Bulletin Publishing Company’s list of the 40 Attorneys Under Forty in Illinois’.

Jordan earned his J.D. from Chicago-Kent College of Law where he focused his studies on developing a well-rounded litigation background, earning high honors in both trial advocacy and litigation technology courses. Prior to law school, Jordan attended the University of Michigan where he was on the dean’s list and graduated with academic distinction. While there, he earned two degrees: a B.A. in Political Science and a B.A. in Organizational Studies.

Jordan is an active member of the Illinois Trial Lawyers Association and both the Traumatic Brain Injury Litigation Group and Nursing Home Litigation Group of the American Association of Justice. Jordan serves a peer reviewer for the American Association of Justice “Trial Magazine.”

Jordan has been asked to speak to a number of groups including fellow lawyers, senior advocates and long-term care ombudsmen. Jordan volunteers at both Chicago-Kent College of Law and John Marshall Law School judging trial advocacy and moot court competitions.

Outside of work, Jordan makes a conscious effort give back to the community. Jordan spent time in the Gulf Coast offering legal advice to victims of Hurricanes Katrina and Rita and helping with the demolition of destroyed homes. Jordan also serves as a mentor as part of the Solo & Small Practice Incubator program at Chicago-Kent College of Law and as part of the mentor-mentee program through the Chicago Bar Association.

Jordan was raised in West Bloomfield, MI, and attended Bloomfield Hills Andover High School, where his ambition, competitiveness and scholastic achievement were evident. He was a three-letter athlete and earned numerous scholar-athlete honors. Jordan lives in Chicago with his wife, Greta Powell, also an attorney, and their two daughters.

I. The Importance of Staffing | 11:00am – 11:05am

II. What is understaffing | 11:05am – 11:10am

III. Regulations/F-Tags | 11:10am – 11:20am

1. Federal
2. State

IV. Discovery | 11:20am – 11:30am

1. What to ask for

V. Staffing Data | 11:30am – 11:40am

VI. Admissibility of Evidence | 11:40am – 11:50am

VII. Pre-trial motions | 11:50am – 12:00pm

Break | 12:00pm – 12:10pm

VIII. Chronic Negligence vs. Isolated Cases | 12:10pm – 12:20pm

IX. Under-licensed providers | 12:20pm – 12:30pm

1. CNAs doing nursing tasks
2. LPNs doing RN tasks

X. Depositions | 12:30pm – 12:40pm

1. Important witnesses
2. Who to depose
3. Questions to ask
4. Documents to use

XI. Staff Turnover | 12:40pm – 12:50pm

XII. Reporting of Staffing Levels | 12:50pm – 1:00pm

XIII. Causes of Action | 1:00pm – 1:10pm

1. Proper Defendants