Anne Bucher  |  January 13, 2014

Category: Closed Class Actions

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This settlement is closed!

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Kindred Healthcare Inc.

Kindred Healthcare Inc. has agreed to pay more than $8.25 million to settle a class action lawsuit involving allegations that it failed to meet California’s minimum and adequate nurse staffing requirements. If you or someone you love was a resident in one of the facilities listed below between Nov. 23, 2006 and April 15, 2013, you may qualify for a cash award.

Who’s Eligible

Class Members include anyone who resided at certain nursing facilities between Nov. 23, 2006 and April 15, 2013. The facilities covered under the Kindred Healthcare settlement include:

Bay View Nursing and Rehabilitation Center
Canyonwood Nursing and rehab Center
Care Center of Rossmoor, d/b/a Kindred Transitional Care and Rehabilitation, Walnut Creek
Fifth Avenue Healthcare Center
Golden Gate Healthcare Center
Nineteenth Avenue Healthcare Center
Santa Cruz Healthcare Center
Smith Ranch Care Center
Valley Gardens Healthcare & Rehabilitation Center
Victorian Healthcare Center
Kindred Transitional Care and Rehabilitation – Village Square
Kindred Transitional Care and Rehabilitation – Tunnell
Kindred Transitional Care and Rehabilitation – Siena
Kindred Transitional Care and Rehabilitation – Lawton
Greenbrae Care Center LLC, d/b/a Kindred Transitional Care and Rehabilitation – Larkspur
Kindred Transitional Care and Rehabilitation – Foothill
Kindred Nursing and Transitional – Pacific Coast
Kindred Nursing and Rehabilitation – Ygnacio Valley
Kindred Nursing and Rehabilitation – Medical Hill
Kindred Nursing and Healthcare – Livermore, f/k/a Hacienda Care Center
Kindred Nursing and Healthcare – Baybery

The Kindred Healthcare class action settlement also covers all persons who resided in Kindred Healthcare Center of Orange or Alta Vista Healthcare & Wellness Centre from Nov. 23, 2006 through Sept. 30, 2009. Current residents, former residents and successors of these facilities are able to file a claim.

Potential Award

The potential award for the Kindred Healthcare settlement varies. The specific amount of each payment will be based on an estimate of the number of days during the residents’ stay at facility that the facility allegedly fell below 3.2 nursing hours per patient day. That number will be multiplied by the agreed-on 8 percent to calculate the number of compensable days. Class Members will receive $20 per compensable day. For example, a Class Member who resided at a facility for 200 days during the Class Period would receive $320 (200 days x 8% x $20).

Proof of Purchase

N/A

Claim Form Deadline

2/20/14

Case Name

Hazel Walsh, et al. v. Kindred Healthcare, et al., Case No. 3:11-cv-00050-JSW, in the U.S. District Court for the Northern District of California.

Case Summary

The Kindred Healthcare settlement will resolve a class action lawsuit (Walsh, et al. v. Kindred Healthcare, et al.) that alleges Kindred failed to comply with California statutory requirements at skilled nursing facilities and failed to disclose the understaffing.

Kindred has denied the allegations but agreed to a class action settlement that was granted final approval on Dec. 16, 2013. Under the terms of the class action settlement, Kindred agrees to ensure nursing staff levels at its facilities remain at or above the minimum requirement of 3.2 nursing hours per patient day. The company also agrees to submit quarterly compliance reports to a third party monitor detailing the nurse staffing during the month.

Final Hearing

12/6/13

Claims Administrator

Kindred Healthcare Settlement Administrator
c/o Gilardi & Co. LLC
P.O. Box 6002
Larkspur, CA 97977-6002
(877) 789-9503
KindredHealthcare@classactmail.com

Class Counsel

Kathryn A. Stebner
STEBNER AND ASSOCIATES

Defense Counsel

Barry S. Landsberg
MANATT PHELPS & PHILLIPS LLP

If you or a loved one were the victim of elder abuse or nursing home neglect at a California assisted living facility, nursing home or other long-term senior care provider, you may qualify to join a free class action lawsuit investigation. Learn more and receive a free case review at the Elder Abuse, Nursing Home Neglect Class Action Lawsuit Investigation.

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5 thoughts onKindred Healthcare Class Action Lawsuit Settlement

  1. Alice harper says:

    My mom and dad were here and they died after for neglect and not having the proper medical treatment and care

  2. sandra lafavers says:

    So,sorry you lost your husband.I also lose my Father on Feb.5 with the care he also received at Kindred Care.My Father lived 11 day in their care.And no one can under that age is just a number, and it is up to our Lord to take us when it is time.I am having a very hard time with all that surrounds my Father lasts days.I will have you in my prays as I pray for me to see this though.Sandra LaFavers

  3. Pam Furno says:

    Hi, I have been trying to get this out to the public but NO ONE WANTS TO LISTEN. They don’t think it could or would happen to them. IT DID. This healthcare facility wasn’t worthy of housing for mice. They did everything wrong. They took things into their own hands when patients were transferred to them; they made bets on whether patients could be “saved” or not, they used medicine like candy; they used privacy laws against the people who cared the most. This can all be verified in paper by the things that went on from Feb through July of 2008 when my husband passed away from negligence; sheer negligence. Nothing else, it started with the Medtronic infuse BMP Claim that was placed in his neck and one horror after another transpired; he thought he had been Hitler in this last life because he was challenged with so much. So much that he had NO control over; Why then did Kindred Park Healthcare in Springfield, MA put him on insulin for never having had diabetes which wasn’t discovered until he coded for the third time when the nearby hospital discovered that he was not diabetic and had gone into pre-renal failure from the use of Lasix repeatedly for months on end because he refused to lay down repeating when he ”
    “lost his head” off of his shoulders. And everyone covered up everything; even Dr. Phil. I am not dead (yet) and I will speak of this until I die. No one should suffer the way he did thus I and my son now do. HE CANNOT DIE IN VAIN. Joseph A. Furno

    1. jeff says:

      Dear Pam,
      I am so happy that you found a man to love so much. Of course I am saddened for his terrible treatment and the amount you have both suffered. I hope there is a God and your husband is with him. I hope you find some peace.

    2. Debbie says:

      Pam, Im sorry for your lost and even more sorry no one would even take time to listen to you.Its dog eat dog out there and it makes me sick you have and will suffer because of those kinds of people.You are his voice so keep on screaming.

      Take care 2/09/2014

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