News that will shock no one: nursing homes are chronically understaffed. - Mark P. Loftus

September 26, 2025

The Illinois Trial Lawyers newsletter today included a stoary that won’t shock most lawyers handling nursing home cases – most nursing homes aren’t adequately staffed. While Medicare doesn’t set a minimum staff to patient ratio, it does require that a registered nurse be on the premises at least eight hours a day and a licensed nurse be present at all times.

Kaiser Health News analyzed daily payroll records that Medicare had assembled from over 14,000 nursing home nationewide. Some of the jarring findings included:

  • On at least one day during the last three months of 2017, 25% of the facilities reported that not a single registered nurse was on the premises;
  • Even highly rated nursing homes sometimes had only 1 aide caring for 8 patients;
  • Some nursing homes reported instances where 1 aide was caring for 18 patients.

The Center for Medicare and Medicaid Services[CMS ] is alarmed and taking steps to address the fluctuations in nursing staffs. The ramifications of missing staff have real life ramifications. When nurses and aides are absent, residents can’t get the help the need to go to the bathroom. So those residents try to do so without necessary help and fall. Or the bedbound patient doesn’t get the necessary repositioning he needs. So bedsores develop. Other patients go without vital medications. David Stevenson, an Associate Professor of Health Policy at Vanderbilt University School of Medicine noted that staff “volatility means gaps in care.” In other words, when nursing homes are understaffed, residents get hurt.

The article mentioned Stan Hugo, a retired math teacher, whose wife Donna lives at Ithaca, New York nursing home facility. In 2017 he and other residents and family members became so dissatisfied with the care their loved ones received they formed a council to monitor operations. Medicare regulations require that nursing home administrators listen to the grievances and recommendations made by such councils.

Hugo visits his wife every day. And he counts the nursing assistants he sees attending to patients. On at least on occasion, he has seen 2 nursing aides trying to cover 40 patients.

This is a long standing problem that results in countless injuries and deaths. Now that the data is out there, perhaps CMS can craft a meaningful solution.

Red Tesla sedan driving on a road.
September 26, 2025
According to online reports, Tesla ignored a $60 million dollar settlement overture in the wrongful death case that ultimately resulted in a $242 million dollar jury verdict against the car maker. The lawsuit grew out of 2019 crash where a Tesla Model S with Autopilot engaged, plowed through a Florida intersection and crashed into a Chevy Tahoe. Neima Benavides Leon and her boyfriend, Dillon Angulo were standing near the Tahoe when the Tesla crashed into it. Leon was killed and Angulo suffered serious injuries. A lawsuit was filed against Tesla, asserting that although the Autopilot feature was engaged, the vehicle did not brake. Florida law permits a monetary demand to be issued before trial. If the defendant fails to accept the demand within 30 days it is considered rejected. If the plaintiff then goes to trial and secures a verdict 25% greater than the offer, the defendant is on the hook for plaintiff’s investigative expenses and attorneys’ fees. Tesla is appealing the jury verdict, citing “substantial errors of law and irregularities at trial.”.
Johnson's baby powder container, white bottle, blue text, red seal, 400g.
September 26, 2025
This important ruling got kind of lost in the news cycle. A couple weeks ago, the United States Supreme Court refused to vacate a $2.2 billion dollar ovarian cancer verdict against Johnson & Johnson[“J & J”]. The verdict was originally returned by a Missouri jury in 2018 on behalf of 22 women. The original verdict was actually $4.7 billion but a Missouri Appellate Court reduced the award to $2 billion. Each of the women claimed that there was asbestos and asbestos-laced talc in J & J talcum powder products they used, and they developed ovarian cancer as a result. Asbestos is known to cause cancer. Talc, in its raw form is often found in close proximity to naturally occurring asbestos. When J & J mined talc, that talc sometimes contained asbestos. And that asbestos sometimes found its way into J & J personal hygiene products. [In 2019, J & J recalled 33,000 bottles of J & J products after FDA testing found asbestos in test samples]. J & J, has known of the risk of asbestos contamination in talc products since the 1970’s. Some 21,000 plus ovarian cancer cases are pending against J & J throughout the United States.
Movie poster for
September 26, 2025
Reports today say that DuPont and the State of New Jersey have reached a $2 Billion dollar settlement arising out of DuPont’s release of “forever chemicals” into soil, wetlands and other areas in New Jersey – and then forgetting to clean up the mess they made. The settlement with DuPont is reportedly the largest environmental settlement ever obtained by a state. “Forever chemicals” – also known as PFAS(referring to per and polyfluoroalkyl substances) are man-made chemicals that are used in an extensive variety of products as they are both water and grease-resistant. The chemicals are linked to litany of health problems, including increased risk of certain cancers(kidney, testicular and breast) liver damage, thyroid issues and reproductive problems(such as decreased fertility, low birthweight and developmental problems). NJ.Com is reporting that one of the sites where DuPont created munitions created such significant contamination in the environment that over 300 homes required filters to prevent toxic chemicals from seeping into their homes. The settlement terms provide that DuPont will spend $875 millions cleaning up the contamination and set aside another $125 million to cover other damages that may arise. Additionally, DuPont will also set p a $1.2 billion funding source and reserve fund of $475 million to ensure that even if the company fails to make payments, or goes bankrupt, public funds will not be used. For a stark introduction into the nature of PFAS, check out Dark Waters, a compelling and criminally underrated movie based on the decades old fight waged by attorney Robert Bilott against DuPont for contaminating West Virginia rural communities.