Is Forced Arbitration Helping Nursing Homes Abuse Seniors?

March 24, 2016 / 12:00 pm

It’s like a get-out-of-jail-free card for banks, corporations and cell phone providers, but most of America doesn’t know about it. Forced arbitration clauses are the newest method for stripping constitutional rights away from consumers. These clauses block class action suits, force individuals into expensive arbitration, and help companies get away with illegal acts against consumers. Now parts of the healthcare industry have started using these clauses to shield themselves from angry victims.

Is Forced Arbitration Helping Nursing Homes Abuse Seniors?

A man went to visit his 83-year-old mother in a nursing home only to find the woman unconscious and nonresponsive. The paramedics were called immediately, but it was no use: the woman passed away the next day. This man and his family were shocked by this sudden passing, but they were far more surprised when an autopsy revealed that the woman had 20 times the recommended dose of the diabetes drug metformin in her system. The family took the case to court, but a forced arbitration clause turned their pursuit of justice into a nightmare.

First, the nursing home got the family’s court case thrown out and forced them into arbitration. Next, the nursing home explained the 83-year-old’s death as a kidney condition. Then, the arbitrator ruled in favor of the nursing home, even though the family had evidence that the woman had gotten excessive amounts of pills on previous occasions. Unfortunately, cases like this are popping up more and more frequently.

How Can We Fight Forced Arbitration?

Forced arbitration has been used to keep victims of negligence, wrongful death, and sexual assault from suing the nursing homes responsible, and yet most of America still doesn’t know about this problem within our legal system. In a recent editorial featured by the Miami Herald, Colson Hick Eidson partner Julie Braman Kane warns the people of Miami about the dangers of forced arbitration, but we can do even more to spread the word. Keep following our blog, and share this information on your Twitter and Facebook.

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MIAMI (November 20, 2024) – Colson Hicks Eidson has been named to the 2025 edition of the “Best Law Firms” by Best Lawyers®, recognized at both the national and metropolitan levels. Seven of the firm’s attorneys were also named to the 2025 edition of Best Lawyers® across multiple practice areas.

“We are committed to delivering exceptional representation for our clients. This continued recognition of our firm’s core practice areas highlights the success of our efforts,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. Rankings are organized into regional and national tiers.

National Tier 2

● Mass Tort Litigation / Class Actions – Plaintiffs

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Metropolitan Tier 2

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (November 12, 2024) – Colson Hicks Eidson announced today that managing partner Dean Colson has been recognized in Florida Trend’s 2024 edition of the Florida 500, a publication highlighting the 500 most influential executives across various economic sectors in the state.

The publication notes that Dean’s credentials include chairing the state university system’s Board of Governors, the board of trustees for Florida International University, and the board of trustees for the University of Miami.

Dean is renowned as a top trial lawyer in the U.S. with 40 years of experience in complex civil litigation, personal injury, product liability, and professional malpractice. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Dean has demonstrated a strong commitment to community service through various leadership roles. He has been actively involved with the Institute of Contemporary Art in Miami, supporting access to the arts. He’s also been president of the Orange Bowl Committee and chaired the Super Bowl XXIX Host Committee. He served on the Florida Commission on Ethics and chaired the Florida Supreme Court Judicial Nominating Commission. He previously served as President of the Dade County Bar Association and as a distinguished member of the Florida Bar Board of Governors. Most recently, the Coral Gables Community Foundation recognized Dean at its 2024 Annual Gala with the Education Award.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication to forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

The U.S. Attorney’s Office for the Southern District of Florida has launched a new Whistleblower Non-Prosecution Pilot Program. It reinforces the recent efforts of the Department of Justice Criminal Division’s new Corporate Whistleblower Awards Pilot Program.

The local pilot program offers non-prosecution agreements in exchange for the early and voluntary self-disclosures of criminal conduct.  The Department’s pilot program offers financial rewards to a whistleblower who provides original and truthful information about corporate misconduct that results in a successful forfeiture.  

Both pilot programs require the prompt disclosure of truthful and complete information.   

At Colson Hicks Eidson, our attorneys have advised and represented clients across the full range of internal investigations, government inquiries, enforcement actions, whistleblower actions, and civil and criminal trials.  For further information, contact us at 305-476-7400 or info@colson.com.

MIAMI (June 24, 2024) – Colson Hicks Eidson announced today that six of its attorneys have been named in the 2024 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac, Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary Lipshultz has been recognized as a Rising Star.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (June 13, 2024) – Colson Hicks Eidson has been recognized as one of the top three trial law firms in Florida in the “Litigation: Mainly Plaintiffs” category by the respected Chambers and Partners USA Legal Guide for the fourth year in a row. In addition, five of the Miami-based firm’s attorneys were also ranked individually.

“These rankings highlight the commitment and hard work of our attorneys, showcasing our firm’s capability to manage diverse cases for our clients,” said Dean Colson. “As the South Florida business landscape evolves, we remain committed to serving new clients while upholding the same standard of excellence that has defined our firm for 55 years.”

Stephanie Casey, Julie Braman Kane, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner received the top ranking (Band 1) and Eidson was named “Senior Statesperson” in “Litigation: Mainly Plaintiffs.” Martínez was named “Senior Statesperson” in two categories: “Litigation: Mainly Plaintiffs” and “White Collar Crime and Government Investigations.”

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.