Jonathan F. Lauri, Esq. and Denise Mariani, Esq. Secure Appellate Affirmance of $986,855 Nursing Home Rights Verdict

It is our pleasure to announce that Jonathan F. Lauri, Esq., and Denise Mariani, Esq., Shareholders at Stark & Stark, recently secured an affirmance of a trial verdict totaling $986,855.68 on behalf of the Estate of Renee Sahar under New Jersey’s Nursing Home Responsibilities and Rights of Residents Act.

In Estate of Renee Sahar v. 301 Union Street, LLC d/b/a Care One at Wellington, the New Jersey Appellate Division issued a published opinion affirming the jury’s verdict against Care One at Wellington. The jury unanimously found that Care One violated Renee Sahar’s rights under New Jersey’s Nursing Home Act and awarded $525,000 in damages. With interest, attorneys’ fees, costs, and the Medicare lien, the final judgment totaled $986,855.68.

The published decision addresses an important issue affecting residents admitted to licensed long-term care facilities for so-called “short-term rehabilitation.” The Appellate Division rejected the argument that a resident receiving rehabilitative care falls outside the protections of the Nursing Home Act simply because the goal is eventually to return home.

The Court also reaffirmed the independent importance of New Jersey’s Nursing Home Residents’ Bill of Rights. A resident’s statutory right to a safe and decent living environment, along with considerate and respectful care, is independently enforceable.

“I was privileged to argue the appeal on behalf of the Estate of Renee Sahar and to work with my colleagues Denise Mariani and James T. Evans at Stark & Stark on the appellate briefing,” Lauri said. “The right to a ‘safe and decent living environment and considerate and respectful care’ is an independently enforceable resident right under New Jersey’s Nursing Home Act.”

This published decision is an important reaffirmation that New Jersey’s statutory protections belong to nursing home residents regardless of whether their stay is characterized as short-term rehabilitation or long-term placement, and that those rights have independent meaning and consequences when they are violated.

Jonathan F. Lauri, Esq. and Denise Mariani, Esq. are Shareholders at Stark & Stark and a members of the firm’s Nursing Home Negligence Group. They dedicate their practice to advocating for individuals who have suffered neglect or abuse in nursing homes, assisted living facilities, hospitals, and similar settings.

 Results may vary depending on your particular facts and legal circumstances.