successful RECENT USLAW LAW FIRM VERDICTS & transactions verdicts

Adler

Pollock & Sheehan

(Providence, RI)

AP&S Successfully Defends Certificate of Need Approval for Encompass Health

After successfully representing Encompass Health in its Certificate of Need Application to establish a 50-bed Rehabilitation Hospital Center in Johnston, Rhode Island, before the Rhode Island Department of Health, Adler Pollock & Sheehan (AP&S) defended the objectors’ appeals of that CON approval ending all legal challenges. On August 26, 2020, the Director of the Rhode Island Department of Health, Nicole Alexander-Scott, M.D., MPH, issued her decision approving the Application; however, following the objectors’ administrative appeal, a Rhode Island Department of Administration hearing officer reversed the Director’s decision on August 5, 2021. AP&S appealed that reversal on behalf of Encompass to the Superior Court, which resulted in Superior Court Associate Justice Brian Stern vacating the hearing officer’s decision and affirming the Director’s decision approving the Application. Finally, over two years after the initial decision, the Rhode Island Supreme Court denied the objectors’ petition for writ of certiorari on December 9, 2022.

Encompass’ proposal will establish a specialty hospital facility to provide physician-driven, intensive inpatient rehabilitative care, requiring more than one therapy modality, for medically complex patients. The $42.5 million project will provide approximately 100 union construction jobs in the short term and result in over 160 full-time employees.

The AP&S team of attorneys Pat Rocha, Richard Beretta, Jr., and Leslie Parker worked with Encompass to prepare the extensive certificate of need application, present testimony at four Health Services Council meetings, including responding to numerous public comments and the Rhode Island Department of Health’s expert consultant, navigate the governing statutory and regulatory issues, and defend the Director’s decision on appeal. As a result of these efforts, Encompass will now be able to provide access to its proven quality inpatient rehabilitation services to Rhode Island patients and their families – including those suffering strokes, traumatic brain injuries and neurological disorders. Construction started on January 3, 2023, and the first patient is expected to be admitted in June 2024

Baird Holm LLP (Omaha, NE)

Nebraska Supreme Court affirmed summary judgment in favor of Baird Holm client

On January 13, 2023, the Nebraska Supreme Court confirmed dismissal of an alleged personal injury claim against Baird Holm’s client, Concordia University. This is an important win for businesses and educational institutions because it solidified that these entities may take reasonable steps to protect themselves against personal injury claims. David Kennison was lead counsel for Concordia University and argued the case before the Nebraska Supreme Court.

Copeland, Cook, Taylor & Bush, P.A. (Ridgeland, MS)

Jim Moore, Landon Kidd defend transportation client in Federal Court

This case arose from a fatal crash near Jackson, Mississippi. Carolyn Crechale, age 81, was driving a Cadillac sedan when she changed lanes on the interstate and collided with another vehicle. This initial accident was a “fender bender.” Crechale remained stopped in the interstate while the other vehicle moved to the shoulder. She remained stopped for approximately 10-15 minutes and spent 8 and a half minutes on her phone. David Brooks was operating a tractor-trailer for Carroll Fulmer Logistics Corporation and approached Crechale from the rear. Brooks could not tell that Crechale’s vehicle was stopped until it was too late. Crechale died due to the accident.

The plaintiffs were Crechale’s three adult sons. They alleged negligence against Brooks and vicarious liability against Carroll Fulmer. The plaintiffs’ accident-reconstruction experts testified that Brooks was 100% at fault and that he failed to maintain proper speed, lookout, distance, and control. Brooks and Carroll Fulmer asserted that Brooks did not have enough time to perceive Crechale’s vehicle and avoid the collision and implicated Crechale for leaving her vehicle stopped in the highway. The accident was captured on the dashcam in Brooks’s truck and proved to be valuable to the defense. In addition, the plaintiffs produced no evidence that Crechale’s vehicle was disabled after the initial “fender bender.”

The jury assessed 60% of the fault to Crechale and 40% to Brooks. The jury awarded $13,748 for Crechale’s funeral expenses and $19,208 for Crechale’s final medical bills. Each of her