Class Action Lawsuits is a great way to pursue legal claims against corporations, government agencies, and individual individuals for injuries as a result of their actions. Class action lawsuits are also popularly known as a class action lawsuit. They are filed by individuals that bring a lawsuit together in a class action lawsuit against an entity. In the state of Mississippi, there is a statute of limitations on the filing of such lawsuits. Thus, once the time expires, a new suit must be brought or the parties involved in the lawsuit must move on.
The Sedgwick CMS is a class action suit against the Sedgwick County Nursing Home and its owner, Robert H. Sedgwick.
There were a number of complaints by former residents of the facility regarding poor health care, dangerous conditions, and patient abuse. Several residents died within a short time frame while staying at Sedgwick. The attorneys who filed the class action lawsuit sought compensatory and general damages and lost benefits for their clients. They also claimed that the owner of the facility, Robert H. Sedgwick, knew about the hazards of the environment and did nothing to prevent or mitigate this danger.
Several medical experts testified in support of the plaintiffs.
The doctor who conducted a study on the safety and operations of the Sedgwick CMS, testified that he was “shocked and disgusted.” He further stated that it would have been impossible for him to come up with any recommendations to improve the safety of the facility given the current situation. Furthermore, another medical expert, Dr. James R. Zick, also testified that he could not find any safety improvements that would account for why patients stayed alive in such long-term care facilities.
The attorneys handling this case tried to have the case thrown out of court due to lack of evidence of negligence on the part of Mr. Sedgwick.
They cited numerous time lines in their claim that stretching back for decades. But a judge dismissed their case, citing the fact that class members could not show that the deficiencies in safety practices at Sedgwick caused their loved ones to be harmed. They also pointed out that there were no facts proving that the owner was aware of the dangers of poor sanitary conditions.
The defendants then filed a reply denying all claims against them. Their claim also denied that there was any negligence on their behalf. This claim was contested by the plaintiffs and their attorney. The defendants then amended their claim and added new facts about the case, which was again denied by the court.
Finally, in January 2021, the court ordered a Class Certification motion to determine if class members could sue the defendants under the Federal Tort Claims Act.
The defendants were required to file their Answer within two months. A majority of the defendants testified, however, that they had never received any complaints concerning their operations before the Class Certification motion was filed.
On April 7, 2021, a U.S. District Court ordered the defendants to certify their class, stating that they did not meet the requirements to have a legitimate claim.
However, this ruling was put on hold while the U.S. Circuit Court of Appeals considered the certification process. On July 4, the Eleventh Circuit Court of Appeals affirmed the certification, thereby setting the stage for the ultimate class-action lawsuit. The plaintiffs are seeking class-action status for the injury that their son sustained as a result of the negligence of the CMS.
Today, the case has been turned over to an experienced accident litigation and personal injury attorney in Seattle, Washington, who are handling the negotiations between the parties.
Due to the complexity of this matter, we advise that you do not try to represent yourself, especially if your claim is strong. We also recommend that if you are representing yourself, you retain representation when you negotiate with the CMS, so that you do not lose your right to bring the case before a jury. There can be no compromise on your right to a fair trial. When negotiating with the CMS, it is important that both sides are willing to reach an agreement to settle the case in the best interests of all parties.
