Last week, two US Representatives introduced the Forced Arbitration Injustice Repeal (FAIR) Act. The goal of this bill is to increase Americans’ rights to seek justice and accountability through jury trials in the Court system as opposed to corporate sanctioned arbitration. The NJ State Constitution provides for a jury trial in cases involving money damages under the Seventh Amendment.
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CNN Investigates Expanding Use of Nuedexta in Nursing Homes
A recent investigation by CNN brought to light the expanding and allegedly inappropriate use of the prescription drug Nuedexta in nursing homes throughout the country. Nuedexta is FDA-approved to treat a rare condition known as pseudobulbar affect (PBA).
What is Pseudobulbar Affect?
Pseudobulbar affect is characterized by sudden and uncontrollable laughing or crying. It is associated with people who have multiple sclerosis (MS) or amyotrophic lateral sclerosis (ALM), known as Lou Gehrig’s disease. Avanir Pharmaceuticals has been aggressively targeting elderly nursing home residents with the drug, the CNN investigation found, although PBA reportedly impacts less than 1 percent of Americans, based on a calculation using the drug maker’s own figures
What the Investigation Revealed
Nuedexta prescription use in nursing homes is rising at a rapid rate, even though Avanir Pharmaceuticals acknowledges that the drug has not been extensively studied in elderly patients, according to CNN.
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Peggy’s Law Protects Elderly Nursing Home Residents
A new law will soon take effect requiring nursing home employees to notify police within hours of suspected abuse – or to call 911 if the situation is an emergency. “Peggy’s Law” will provide additional protections to nursing home residents by ensuring that law enforcement is promptly notified of possible criminal abuse cases.
Peggy’s Law was named for 93-year-old Peggy Marzolla, who died following injuries suffered while in the care of a nursing home in 2010. When Peggy Marzolla was taken to the hospital, it was found that she had sustained a broken eye socket, cheekbone, jaw, and wrist, as well as a badly bruised elbow, a gash on her leg, and welts on her back.
Staff members at the nursing home stated that she had slipped on some powder in a bathroom and fallen. Her daughter did not believe the explanation and spent the next several years lobbying lawmakers to better protect institutionalized seniors.
Governor Chris Christie signed Peggy’s Law on August 7, 2017 and it will go into effect 60 days later.
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Nursing Home Residents Deprived of Right to Sue for Abuse and Neglect
The current administration has set its sights on another federal rule, seeking to eliminate the ban on pre-dispute arbitration agreements for nursing home residents. Pre-dispute arbitration agreements require elderly adults and individuals with disabilities, as well as their families, to waive their right to file a lawsuit in the courts – before admission to a nursing home. As a condition to entering the nursing home, the prospective resident and his or her representative would be required to submit any dispute, including claims of egregious abuse or neglect, to mandatory arbitration proceedings.
The Current Rule
As the rule currently stands, a nursing home resident cannot be required to waive his or her right to access to the court system. This rule preserves the right of vulnerable nursing home residents to sue for injuries caused by nursing home negligence, abuse, and neglect, including pressure sore infections, suffocation caused by restraints, choking, dehydration-related conditions, gangrene, and even sexual assault.
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