My dad was a World War II veteran and survivor of the Battan death march. Unfortunately, he didn’t survive his visit to a local long term care facility. After a stay at a Veteran’s hospital he went to a long term care facility for short term rehabilitation. The facility placed him in their assisted living wing instead of placing him on a skilled care unit that was recommended upon his discharge. They allowed him to roam the facility by himself and because of his dementia and unsteady gait, he fell and suffered a hip fracture. I spent considerable time researching who to hire as an attorney and ultimately went with Jeffrey Downey. He was experienced, confident and responsive to my many questions during what was very difficult time in my life. The litigation was contentious with a lot of discovery and motions going back and forth between the attorneys. In video depositions Jeff obtained important concessions from the nursing staff about their lack of staffing and failure to follow basic standards in fall prevention. The facility took a hard line initially on settlement and we went through mediation and a court pretrial hearing without resolving the case. We settled shortly before trial for an amount in excess of $500,000 dollars.

Beyond being a great attorney Jeff was also someone I trusted. I would highly recommend him for any litigation matter, especially a case involving elder neglect.

I will always remember the courtesy and respect you extended to my father and I (during a very difficult time), walking us through the wrongful death lawsuit of my mother. It was never an inconvenience for you to make the situation and demand of the case easier for my eighty-eight year old father – like the afternoon you came to our house. You never backed off with any part of the investigation or mediation. You fought for what we all felt was right and fair to the family. You understood that my mother was a loved one, a person – not allowing her age to be the main factor. My mother will always be remembered and even more so, by the investments we have made and how they will remain with us throughout the remainder of our lives. My father purchased his travel trailer and spent a month in Florida with his two brothers, and the best care that could be provided him in his last days; my son was able to purchase a house for his family instead of rent receipts; and I took my 100 day dream vacation touring Alaska, Canada and twenty-seven other states of the United States. Monies are still in investments working for our remaining futures. All I can say is – thank you for a job well done, while extending the feelings of compassion and friendship.

Litigation against large organizations such as nursing homes can be a very intimidating task for the average lay person. However, I was very fortunate. My attorney was Jeffrey Downey. My case involved negligence on the part of a nursing home where my elderly father resided. This negligence resulted in his untimely death. My case was handled with the highest degree of professionalism and an equal amount of caring. Throughout the entire process, Mr. Downey always provided prompt feedback, and was responsive to all of my questions and concerns. Needless to say the outcome of my case was quite successful. Mr. Downey has earned my respect, not only as an attorney, but also as a human being. Should I ever have to do it all over again, he is the attorney who I would want to represent me.

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$58,482,347.00 Judgment $5,265,114.00 Judgment

Jeffrey J. Downey was lead trial counsel in In re Lorazepam & Clorazepate antitrust litigation, civil No. 99-276 (U.S District Court for the District of Columbia) where he, along with a team of lawyers from his prior firm, Robins Kaplan Miller and Ciresi, L.L.P., represented Blue Cross Blue Shield of Massachussets and Minnesota. These Plaintiffs had alleged that Defendants, including one of the Country’s largest generic drug manufacturers Mylan Pharmaceuticals Inc., had conspired to prevent generic competition for two popular anti-anxiety medications, Lorazepam, the generic equivalent of Ativan and Clorazepate, the generic equivalent of Tranxene. Defendants effectively cut off the supply of raw materials to Mylan’s competitors then increased the drugs prices, in some markets, by over 2000%. Many uninsured consumers, including elderly patients on fixed incomes, found that they were no longer able to afford these popular drugs that they had become reliant upon. At trial, Mylan’s senior Vice President was quoted by one Mylan former employees who had relayed various complaints that customers raised after the enormous price increases. “F… the customers” said the V.P., they don’t set pricing. The Jury awarded all of plaintiff’s projected economic damages and found that Defendants Mylan, Gyma Labs and Cambrex corporation had violated state antitrust laws. The verdict was eventually trebled under Massachussets state law, resulting in a final judgment of $58,482,347.00 on behalf of Blue Cross Blue Shield of Massachusetts, and a $5,265,114 verdict on behalf of Blue Cross Blue Shield of Minnesota. Defendants have promised to appeal the case.

$5 Million Dollar Verdict

Huffman vs. Beverly California Corporation involved a case in which an elderly man claimed he was sexually molested by his male nurse aid at a nursing home. The defense argued that his complaints to his psychiatrist of sexual abuse were a manifestation of his dementia, and that the abuse never occurred. The alleged abuser had a history of inappropriate conduct at the nursing home, and we presented evidence that the plaintiff's roommate was also the victim of abuse. After a week long trial the Jury awarded a $5 million verdict including 4.5 million in punitive damages. The case established important precedents in Virginia case law. See the published decision, Huffman vs. Beverly California Corporation, et al, 42 Va. Cir. 205, 1997 Va. Cir Lexis 113 (J. McGrath, Rockingham County 1997).

$1.8 Million Dollar Verdict

In Yvonne Smith v. Rock Creek Manor (District of Columbia 1999) an award of $1,805,590 was entered on behalf of a nursing home resident who was the victim of neglect and retaliation causing fractures and other injuries. Judge Gregory Mize applied D.C. Code § 44-1003 et seq. which required that a damage award against a long term care facility be trebled where harm to the resident results from either retaliation or the violation of any rule or regulation promulgated by the mayor.

$1.5 Million Dollar Verdict

In Crowe v. Summerville Senior Living Inc, et al Manassas jury in Virginia awarded $1.5 million to a resident of an assisted living facility who suffered a hip fracture. Plaintiff presented evidence that although the resident was at high risk for falls, there was not adequate fall prevention put in place, in violation of applicable standards of care. There was also evidence that after the fall the plaintiff was placed back to bed, without alerting either her doctor or the family. The insurance carrier initially denied the claim, taking the position that her hip fracture was the result of a spontaneous break unrelated to trauma. The jury did not agree.

$850,000 Verdict

Musgrove v Medical Facilities of America Inc. On June 18th, 2007 a jury in Danville Virginia awarded $850,000 in damages in a case involving, a resident who suffered from multiple pressure sores, an amputated leg, malnutrition and dehydration which caused his death. Defendant took the position that his adverse outcomes were the result of his preexisting condition and that his pressure sores were clinically unavoidable. The defense called one of the Plaintiff's treating doctors, who described him as a "concentration camp victim" before he entered the nursing home. However, the family was able to avoid the development of pressure sores at home, and the Plaintiff was not dehydrated when he entered the nursing home. The jury award was comprised of $350,000 dollars for pain and suffering damages, and $500,000 dollars for wrongful death damages suffered by the surviving children. Medical Facilities of America Inc. is one of the largest nursing home chains in Virginia. They refused to mediate the case prior to trial and offered only $35,000 to settle the matter prior to trial.

$700,000 Verdict

Scott v. Pendleton Nursing Home - This nursing home case was venued in rural Pendleton County West Virginia. Plaintiff had alleged multiple acts of neglect including the failure to prevent pressure sores, infection, and a hip fracture. The verdict included $500,000 in punitive damages against the operator of the nursing home, the Evangelical Lutheran Good Samaritan Society.