Count I alleges negligence under the INHCA Count II alleges a willful and wanton violation of the INHCA Count III alleges common law negligence Count IV alleges negligence under the Illinois Wrongful Death Act (“IWDA”), 740 ILCS 180/1 et seq. ![]() at 1–2.) Plaintiff filed a complaint in state court on April 5, 2021, bringing various state-law claims against Tower Hill. ¶¶ 94–107.) Mackey alleges that Defendant consciously disregarded the health and safety of its residents in violation of the Illinois Nursing Home Care Act (“INHCA”), 210 ILCS 45/1-101 et seq. ¶ 102.) Among other things, Tower Hill allegedly failed to follow guidance from the Centers for Medicare and Medicaid Services (“CMS”) and the Centers for Disease Control (“CDC”) to mitigate the spread of COVID-19, failed to provide its staff with essential personal protective equipment (“PPE”), failed to test Pomian for COVID-19 despite knowing that she was ill, and failed to isolate her or provide her with PPE. A to Notice of Removal ¶ 6.) According to Mackey, Tower Hill failed to respond adequately to the COVID-19 pandemic, resulting in Pomian’s untimely death on May 4, 2020. Regina Pomian resided in a long-term care facility known as Tower Hill Healthcare Center, located in South Elgin, Illinois, from approximately May 2016 through May 2020. BACKGROUND At this stage of the proceedings, the court accepts the allegations in Plaintiff’s Complaint as true. As explained here, the motion is granted. Plaintiff now moves to remand for lack of subject-matter jurisdiction. ![]() Alternatively, Defendant invokes the federal officer removal statute. §§ 247d-6d, 247d-6e (the “PREP Act”), which Defendant argues completely preempts Plaintiff’s state-law claims and provides federal question jurisdiction. As its basis for removal, Tower Hill invoked the Public Readiness and Emergency Preparedness Act, 42 U.S.C. The nursing home operator, Tower Hill Rehabilitation, LLC, an Illinois limited liability company doing business as Tower Hill Healthcare Center (“Defendant” or “Tower Hill”), removed the case to federal court. In a lawsuit filed in state court, Howard Mackey (“Plaintiff”), as executor of her estate, alleges that Pomian’s death was a result of the nursing home’s gross negligence. Pallmeyer MEMORANDUM OPINION AND ORDER Regina Pomian, a 95-year-old resident of a nursing home, died of COVID-19 on May 4, 2020. TOWER HILL REHABILITATION, LLC, an Illinois limited liability company d/b/a TOWER HILL HEALTHCARE CENTER, Defendant. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION HOWARD MACKEY, an independent executor of the estate of REGINA POMIAN, deceased, Plaintiff, v. Estimated Salary: $20 to $28 per hour based on qualifications.Mackey v. 00 per hour Benefits: 401(k) 401(k) matching Dental insurance Employee assistance program Employee discount Flexible schedule Flexible spending account Health insurance Health savings account Life insurance Paid time off Parental leave Professional development assistance Relocation assistance Retirement plan Tuition reimbursement Vision insurance Experience level: 1 year Schedule: Monday to Friday On call Work setting: In-person Nursing home Ability to commute/relocate: South Elgin, IL 60177: Reliably commute or planning to relocate before starting work (Required) Experience: Maintenance: 1 year (Preferred) License/Certification: Driver's License (Preferred) Work Location: In person. Maintain records of maintenance activities and costs. ![]() Perform repairs and troubleshoot problems with building systems. Ensure that all safety regulations are followed. Manage the maintenance staff and ensure that all work is completed in a timely manner. Inspect and maintain building systems, equipment, and grounds. Responsibilities: Develop and implement preventative maintenance plans. The Maintenance Director will also be responsible for developing and implementing safety protocols, overseeing the maintenance staff, and ensuring that all maintenance tasks are completed in a timely manner. The successful candidate will be responsible for ensuring the smooth operation of all maintenance activities, including preventive maintenance, repair and installation of equipment and facilities. Tower Hill Healthcare Center Tower Hill Healthcare Center South Elgin, IL South Elgin, IL Full-time Full-time From $25 an hour From $25 an hour We are looking for an experienced Maintenance Director to join our team.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |