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Long-Term Care Liability

The population is aging, life expectancy is increasing and litigation against long-term care providers, including nursing homes, personal care homes and assisted living facilities, is growing. Nearly 18% of the U.S. population is aged 65 and older, and that number is only expected to increase in the coming years, further taxing an already strained long-term care system.

Our long-term care liability team provides skilled counsel and excellence in representation when it comes to defending long-term care facilities and providers against personal injury claims. Many of our health care attorneys concentrate primarily, if not exclusively, on defending this litigation. We have the experience, knowledge, dedication and geographical capability to efficiently and cost-effectively resolve such matters.

Defending long-term care cases requires an understanding of a unique set of issues different than those found in traditional malpractice cases. Claims can involve allegations of abuse or neglect, or statutory/regulatory non-compliance with state and federal mandates. Additionally, it is not uncommon to see allegations of negligence per se, fraudulent documentation and statutory deficiencies. 

Many cases involve claims for corporate negligence and direct allegations against facility owners and directors for compensatory and punitive damages. They can also involve staffing or budgetary issues which are tied to specific regulations and can require significant motion practice and extensive discovery. These cases are often further complicated by staffing turnover and unsophisticated witnesses.

Our attorneys understand these challenges and are skilled at working together with clients to develop the best defense and accomplish the desired outcome while managing legal spend. Each case is unique and requires its own strategic approach. When it is in our client’s best interests, we will recommend early resolution, but we also will not hesitate to try cases which must be defended.

Results

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Summary Judgment Received in a Nursing Home Malpractice Case

We received summary judgment in the defendant’s favor in a nursing home malpractice case. The plaintiff claimed that the facility failed to prevent various conditions and injuries during the resident’s admission—such as UTI/sepsis, acute kidney injury/metabolic encephalopathy, dehydration and failure to thrive/weight loss, and skin breakdown. The plaintiff alleged these developments resulted in numerous damages, including, but not limited to, death. Our motion for summary judgment on behalf of the defendant sought dismissal on the grounds that the facility held immunity pursuant to the Pennsylvania Tort Claims Act. The plaintiff hotly disputed the issue. Ultimately, several rounds of briefing were required to achieve the ruling in the facility’s favor.

Defense Verdict Obtained in Binding Arbitration Involving Medical Malpractice Claims

We obtained a defense verdict in binding arbitration on behalf of a nursing home client. The plaintiff alleged that the nursing staff provided inadequate pressure-reducing devices and negligently cared for his lower extremity, allegedly resulting in a below-the-knee amputation and permanent and total disability. We established that, not only did the nursing staff treat the resident in accordance with the standard of care but, also, the resident’s below-the-knee amputation was caused by the resident’s vascular conditions and comorbidities, not by any alleged actions and/or inactions of the nursing home staff. After a lengthy arbitration, the arbitrator ultimately found in favor of the defense.

Thought Leadership

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The Quarterly Dose

Long-Term Care Liability

February 25, 2026

As the U.S. population ages and life expectancy rises, long‑term care providers face increasing pressure—not only from growing demand, but also from a sharp rise in litigation. Nursing homes, personal care homes, and assisted living facilities are navigating heightened scrutiny and an already strained care system. Our long‑term care liability team is dedicated to defending these providers, offering deep experience, broad geographic reach, and a focused understanding of the unique challenges inherent in this type of litigation. Long‑term care cases often involve complex allegations ranging from abuse, neglect and regulatory non‑compliance, to claims of corporate negligence, fraudulent documentation and punitive damages. These matters can be further complicated by staffing issues, extensive discovery needs, and the involvement of inexperienced witnesses. Our attorneys work closely with clients to craft tailored defense strategies that balance strong advocacy with cost‑effective decision‑making. Whether pursuing early resolution or taking a case to trial, we are committed to achieving the best possible outcome for every client. Our practice co-chairs, Leslie Jenny and Lynne Nahmani, lead a talented team of trial lawyers who concentrate on defending long-term care litigation. Their philosophy: “As the long‑term care landscape grows more complex, our mission remains simple: deliver smart, strategic, and unwavering defense for the providers who care for our aging population. Every case presents its own challenges, and we take pride in partnering closely with our clients to navigate them with clarity, efficiency, and confidence.” The Quarterly Dose – February 2026, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2026 Marshall Dennehey. All Rights Reserved. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive this publication in error, please send a note to MEDesatnick@mdwcg.com.

The Quarterly Dose

ALL RISE: Recent Victories and Success Stories

February 25, 2026

Robert Evers and Nataliana Guida, with assistance from paralegal Elina Sheldon (all of Roseland), secured a defense verdict on behalf of an oral surgeon in a medical malpractice matter. The plaintiff alleged that our client deviated from accepted standards of care when extracting four wisdom teeth resulting in permanent injury to the inferior alveolar nerve. The jury returned a unanimous verdict for the defense. Justin Johnson and Nataliana, with support from paralegal Elina Sheldon (all of Roseland), received a unanimous defense verdict of behalf of their clients. The plaintiff was a seven-year-old girl who presented with a sacral aneurysmal bone cyst, an expansile, lytic lesion that destroyed sacral bone and was causing compression on her lower lumbar and sacral nerve roots. The plaintiff experienced the inability to control her bladder and bowel post-operatively, and had no sensation in her sex organs. The plaintiff’s experts alleged that the lower sacral nerve roots were transected by the defendants during the surgery, most likely by cinching them via a negligently placed suture circumferentially around the thecal sac. The defendants (and their experts) denied that such a suture was placed and also contended that the nerves were not transected, but rather were further injured by the necessary manipulation involved in removing the tumor — a recognized and accepted potential complication of this type of surgery. Leslie Jenny (Cleveland) obtained a defense verdict on behalf of a nursing home in Cuyahoga County. The case involved a 75-year-old resident who fell, fracturing his hip, and died. The medical examiner ruled that the death was accidental and due to the fall. The plaintiff claimed inadequate fall precautions and failure to assess appropriately after the fall against the skilled nursing facility, and requested punitive damages. The plaintiff’s Final Pretrial Statement demanded $7 million. After three days of trial, the judge granted a directed verdict for the defense. Michael Roberts, with assistance from paralegal Sarah Schmidt (both of Cincinnati), was successful in having a dental malpractice case dismissed at trial. The plaintiff alleged, among other things, that our client improperly placed a crown on a tooth, leading to a severe infection. At the trial, Michael argued that the case should be dismissed as the plaintiff failed to provide an affidavit of merit and expert testimony. The magistrate agreed and entered a dismissal on behalf of our clients. Gary Samms, with support from David McColloch (both of King of Prussia), obtained a defense verdict on behalf of a major Philadelphia healthcare provider after a contentious six-day trial. After undergoing a kidney transplant, a patient suffered complications in post-operative care and died a day after the surgery. The plaintiffs were critical of the post-operative care, claiming the physicians failed to take the patient back to the operating room in light of post-op bleeding. The hospital and physicians maintained that the post-procedure complications were related to previously unknown liver issues that resulted in liver failure/liver shock that created an unstable condition and prevented re-operation. While the family presented a very sympathetic case, Gary was able to prove, through the science and medicine, that the doctors acted appropriately and did not cause the woman’s passing. Paralegal Nancy Farnen (Philadelphia) was instrumental in the result. *Results do not guarantee a similar result.  

News

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Firm Highlights

News

Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Marijuana Legalization and Workplace Risk: What New Jersey Employers Need to Know

While the legalization of recreational marijuana usage poses a risk of increased work-related accidents for younger workers, employers can work to curb this increase by investing in education, effective drug policies, and employee assistance programs.

News

Christina Gonzales To Speak at the Women of Color Roundtable at DRI’s Diversity and Inclusion Seminar

graphic with Maria Granaudo photo text announces she has joined the firm as a shareholder in the Health Care Dept.

News

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Event

29th Annual FDLA Florida Liability Claims Conference

Jim and Erica will team up to present, "Supporting the Next Generation: Connecting with Associates." This panel-style presentation will explore communication best practices from the perspective of a senior shareholder and newer associate. The discussion will focus on the communication styles of different generations and effective strategies to avoid communication breakdowns. Topics to be discussed include the hiring process, perceptions of defense work among newer lawyers, work-life balance issues after hiring, and mentoring.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies.