In the Courts: Federal Appeals Court Declines to Alter Arbitrator’s $245K Award of Costs and Interest

September 8, 2017 | Aging Services Risk, Quality, & Safety Guidance

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​In a case in which a nursing home resident died after experiencing several falls and a stroke, the U.S. Court of Appeals for the 10th Circuit has declined to alter an arbitrator's award of costs and interest to the plaintiff.

Before the admission of the 92-year-old resident, her personal representative (her daughter) signed an arbitration agreement on the resident's behalf. The resident fell multiple times after her admission, breaking her hip and femur during one fall. Shortly after undergoing surgery to treat her injuries, she had a stroke. The resident died less than...

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