Appellate Court Rejects CareOne’s Attempt to Compel
Arbitration of Nursing Home Resident’s Lawsuit for Neglect
Hackensack, New, June 9, 2016 — The Appellate Division of the Superior Court of New Jersey today has set a new precedent in the protection of nursing home patients by publishing a unanimous ruling rejecting an attempt by Care One, a Fort Lee operator of a New Jersey chain of nursing homes, to compel a nursing home resident to arbitrate her claims of neglect at CareOne’s facility in Westwood, New Jersey.
In so ruling, the Appellate Division ruled that aspects of CareOne’s arbitration clause “may be unconscionable” and that the lower Court’s dismissal of the lawsuit in favor of arbitration had to be reversed because the arbitration process required by Care One was not available at the time the contract was made. The Court stated that CareOne was seeking to take advantage of the elderly and infirm who require nursing home care. “CareOne apparently imposes upon its patients an obligation to arbitrate disputes because it can.”
By this decision, the Appellate Division returned the case to the courts in Bergen County for a trial of plaintiff’s claims. Thomas S. Howard, plaintiff’s counsel and a partner in the Hackensack firm of Gartenberg Howard LLP said “we are elated by the Court’s decision rejecting CareOne’s tactics. My client looks forward to a favorable outcome upon the trial of her claims”.
The ruling follows years of nursing home patient advocacy by Gartenberg Howard and is a major step forward in allowing for fair remedies in cases of nursing home neglect and abuse.
About Gartenberg Howard LLP
Gartenberg Howard LLP is based in Bergen County New Jersey. The firm’s approach to complex litigated matters, such as nursing home abuse and nursing home neglect, is comprehensive. The team represents families of loved ones who have suffered elder abuse or neglect, including bed sores, falls, medication errors, elopement, infection, dehydration malnutrition, physical or sexual assault, financial exploitation and wrongful death.
Thomas S. Howard, Esq.
Gartenberg Howard LLP
Two University Plaza, Hackensack, New Jersey 07601
Phone: 201.488.4644; Fax: 201.488.6842