RISK

New era of heightened risks and higher stakes in the valuation of class actions

As class action settlements spike, the Duane Morris LLP Class Action Review illustrates the heightened risk of class actions, noting bad publicity, higher settlement values, substantial defense costs, and the diversion of time, resources, and attention from core business activities.

Arbitration agreements commonly used by skilled nursing providers remained an effective tool to cut off class actions, the analysis found. Of all defenses, a defendant’s ability to enforce an arbitration agreement containing a class or collective action waiver may have had the single greatest impact in terms of shifting the pendulum of class action litigation.

Excelas, LLC provides diverse services to assist in reviewing complex medical issues and preparing analyses to assist counsel in refuting varied allegations.

STAFFING

Labor Department issues independent contractor final rule

The Department of Labor on January 9, 2024 issued a final rule that changes how employers determine who is an employee and who is an independent contractor. The rule is effective March 11.

INFECTION CONTROL

Joint Commission proposes new infection control requirements for assisted living

The goal of the IC [infection prevention and control] chapter rewrite is to

• align the IC standards and elements of performance more closely with law and regulation,
• eliminate the requirements that do not add value to surveys, and
• streamline the chapter

The proposed revisions are currently in field review. Once approved, the revised IC chapter will replace current IC chapter requirements.

Once the new requirements are implemented, commission-accredited assisted living communities will receive access to a new assessment tool that will outline the specific actions and processes they will need to take to meet them.

The Joint Commission is accepting comments on the proposal until Feb. 21 through an online survey.

How COVID-19 altered nursing home infection control policies: a case for structured timelines. Click the image.

EXPANDED APPLICATIONS

Excelas’ expertise extends beyond long-term care litigation

It may not be widely known that Excelas’ expertise applies to other types of cases, including product liability and toxic exposure. Our team provides diverse services to assist in reviewing complex medical issues and preparing analyses to assist counsel in refuting varied allegations.

Our staff augments the work done by claims managers and counsel in toxic tort and product liability litigation through:

• Document Review: all relevant documents, including, but not limited to, billing records, employment records, military records, corporate records, policies and procedures, expert reports, complains, and depositions.
• Medical Analyses: the Excelas medical team has years of experience to analyze the paintiff’s medical information efficiently and effectively in matters relating to:
  • Cancer allegations
  • Neurologic allegations
  • Injury allegations
  • Adverse event allegations

Efficient deployment of claims and litigation resources is critical in the current legal environment.

IN THEIR OWN WORDS