Shook, Hardy & Bacon defends senior living facilities in both proposed class actions and individual lawsuits. Our attorneys know, understand, and appreciate the senior care industry and the laws governing it. We understand how hard direct-care staff work to care for residents. Given this experience, we are skilled at working with facility staff and company employees to tell that story at trial. 

Traditional class actions against senior living companies often allege failures to satisfy applicable state and federal regulatory requirements, breach of contract and violation of state consumer fraud statutes. We have developed an arsenal of approaches and arguments designed to defeat class certification and to win on the merits. Shook attorneys are familiar with plaintiffs’ arguments, and this experience allows Shook to anticipate and effectively defend against them.

We are familiar with state attorneys general claims for Medicare/Medicaid fraud and consumer fraud and how they threaten senior living and skilled-care communities. Defending these matters, including the addition of company whistleblowers, requires a specialized intelligence and set of approaches, which Shook has. The language of resident agreements often plays into the defense of proposed class actions and individual cases, including seeking the enforcement of provisions requiring individual arbitrations instead of class proceedings. Shook has experience litigating these provisions to persuade courts to honor these agreements.

Shook attorneys also work hand-in-hand with clients well before the onset of litigation, advising them on key risk mitigation strategies and internal policy development to avoid possible future lawsuits. Having our attorneys proactively address issues related to strategy, document management, and company witness issues early allows senior care company owners to remain focused on the needs of residents.

Whether you’ve already received claims or threats of litigation, or simply see potential litigation in the future, we are here to help. Shook attorneys have the experience and resources to counsel and assist and have built a reputation based on successful results.