Janssen Malloy scores another win, class action settlement against Emeritus nursing home chain for $13.5 million

On January 11, the U.S. District Court granted final approval of a class action settlement against the Emeritus nursing home chain for $13.5 million and granted injunctive relief. The settlement includes former residents of the Sequoia Springs Emeritus facility in Fortuna.

Emeritus has recently been purchased by Brookdale Senior Living. Plaintiffs were represented by well-known local firm Janssen Malloy LLP and their co-counsel. Plaintiffs alleged that Emeritus misrepresented to its residents that it would staff according to their needs, when, in fact, its staffing was dictated by its budget.


W. Timothy Needham, of Janssen Malloy said, "We are pleased that the Court approved the settlement. We believe it provides significant benefit to the class members, and, because of the injunction, will help prevent damage to potential residents in the future. As local attorneys, we need to do everything possible to ensure our seniors receive appropriate care."

According to the Law360 article, "Under the terms of the settlement, an estimated 19,000 class members will receive an average of $450 each. Attorneys for the plaintiffs will receive fees of up to $4.2 million."

Another Janssen and Malloy case that made the headlines in 2010 was  the Lavender vs. Skilled Healthcare Nursing Home Understaffing Class Action trial, which resulted in a 677 million dollar jury verdict in July 2010.   This is the largest jury verdict in the United States in 2010, and the largest nursing home jury verdict ever.

Other links:

http://topclassactions.com/lawsuit-settlements/lawsuit-news/55926-emeritus-settles-class-action-over-assisted-living-staffing-levels/

http://www.law360.com/articles/654276/13m-settlement-ends-senior-housing-co-class-action