Recent News

The Iowa Citizen Action Network recently hosted an important panel discussion that tackled pertinent safety issues within Iowa's nursing home industry. Key figures, including Dean Lerner, Clark Kauffman, John Hale, Sen. Claire Celsi, Sue Dinsdale, and moderator Savannah Hinze, provided insights into challenges faced by nursing home residents and caregivers in the state.

Clark Kauffman's Revelations
Investigative reporter Clark Kauffman presented findings that revealed concerning conditions in some Iowa nursing homes. Even facilities marketing themselves as "premier health care facilities" faced piles of regulatory violations. Ivy at Davenport, for instance, showed a range of issues from medication errors and staff shortages to unsanitary conditions, rodent infestations, and illicit drug use. Pine Acres in West Des Moines, previously without a poor safety record, accumulated 62 citations within a matter of weeks, this happened after being acquired by a New York hedge fund.

Dean Lerner's Insights on Ownership
Dean Lerner, former director of the Department of Inspections and Appeals, shared that Iowa's nursing home landscape is primarily composed of 230 for-profit homes, 179 not-for-profit homes, and 12 government-run homes. 

John Hale Advocates for Staffing Minimums
Advocate John Hale drew attention to a recent Biden administration recommendation on staffing minimums in nursing homes. The recommendation proposes 2.45 hours of care from a nurse aide daily, along with at least 33 minutes of care from a registered nurse. Hale considers this recommendation inadequate, but a necessary starting point.

Forced Arbitration
Clark Kauffman and Dean Lerner explained that there are major barriers for Iowans to hold these nursing homes accountable in civil court. For starters, upon moving in, residents at most Iowa homes are asked to sign away their right to trial by jury with what is called a mandatory arbitration agreement. With these agreements, residents are unknowingly agreeing that they will not sue the nursing home in open court, but will settle disputes in a hidden process with a nursing-home-selected arbiter serving as judge and jury. Lerner describes these agreements as "terrible," and harmful to residents. To pile on top of these unconstitutional agreements, the legislature recently passed a bill that would force a cap the value of a nursing home resident's life in a lawsuit, which minimizes the accountability of the entire industry. 

Tip for Iowa Families
Clark Kauffman strongly recommends that families request the recent meeting minutes from resident council meetings. These meetings are a forum for the existing residents to air grievances, and it can be enlightening for families considering that facility for care. 

Conclusion
The Iowa Citizen Action Network's panel discussion shed light on critical issues within the state's nursing home industry. From substandard living conditions to the influence of profit motives on care quality, these revelations continue to demand attention. 

The Iowa Association for Justice (IAJ) is pleased to announce our most recent recipients of the Bryard & Marcia Braley Scholarships. This scholarship was established and is administered by IAJ’s Workers’ Compensation Section. IAJ Past President, Bruce Braley, seeded the fund by making a generous donation in his parent’s name to the Iowa Foundation for Justice. 

This year’s recipients include Debbie Wessels of Cascade, Meghan Dittmar of Cedar Rapids, and Paullette Millard of Sioux City. All recipients were awarded a $1,000 scholarship to further support their pursuit of education at their respective entities.

Wessels is attending the Peosta campus of Northeast Iowa Community College where she is studying to become a Registered Nurse. This is the third year Wessels has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

Dittmar is attending Kirkwood Community College where she is pursuing a degree in accounting. Upon her expected completion, Dittmar will be the first college graduate in her family. This is the first year Dittmar has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

Millard is attending Western Iowa Tech Community College where she is studying to become a Registered Nurse. This is the first year Millard has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

“These recipients understand first-hand the impact that a workplace injury can have on Iowans and their families,” said Andrew Mertens, Executive Director of IAJ. “This scholarship is intended to assist Iowans like Debbie, Meghan and Paullette in the pursuit of further education. We are happy to be in a position to help.”

The Byard & Marcia Braley Scholarship was established as a joint venture of the Iowa Association for Justice (IAJ) and the Iowa Foundation for Justice (IFJ). IAJ is an organization of trial lawyers who fight for justice in courtrooms and communities across Iowa.

Trial lawyers who are members of IAJ practice law in multiple areas, including workers’ compensation, personal injury, criminal defense, employment discrimination, family law, and more. IAJ members are dedicated to making sure any person who is injured at work, or by the misconduct or negligence of others, can get justice in the courtroom. The Iowa Foundation for Justice is the education and community service arm of IAJ.

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The Iowa Association for Justice (IAJ) is a leading organization dedicated to advocating for justice and the rights of individuals in Iowa. With a membership comprising attorneys and legal professionals committed to upholding the principles of fairness, accountability, and justice, IAJ serves as a vital resource for its members and the community.

Why do people sue insurance companies? Most of us instinctively know the answer. Sometimes insurance companies don’t do the right thing. Consider Ernest Wilcke from Spirit Lake, a Purple Heart veteran who fought at Iwo Jima. He filed a claim with his insurance company in 2015 after a neighborhood fire destroyed his roof. His insurance company wouldn’t cover it. That is, until a jury of Iowa citizens stepped in and ordered them to do it. Consider Lon Tweeten, from Woolstock, who bought workers’ comp insurance for his farm operation. In 2018 his son and sole employee got hurt on the job. Every judge has ruled in Lon’s son’s favor, but the insurance company is appealing to the Supreme Court, still refusing to pay his medical bills. Why did they sue? Well, what choice did they have? Insurance companies deny legitimate claims like Ernie’s and Lon’s every day. Thankfully, Iowa juries and the courts are there to correct these mistakes.

Grinnell Mutual’s CEO wrote a guest essay Sept. 24 warning of climbing insurance rates. He blamed inflation, climate change, and, in small part … his own policyholders. He claimed that litigation and large jury verdicts have increased. But that’s not true. There were twice as many tort lawsuits filed in Iowa 20 years ago compared to today, according to the Iowa state court administrator. The national VerdictSearch database shows the number of verdicts over $1 million have shrunk by two-thirds since 2010.

So here is a quick reminder to the Iowa insurance industry. Yes, we are all rooting for you to remain solvent and profitable. We all need insurance coverage after all. But if you don’t want to get sued by your policyholders, then take better care of your policyholders. When an Iowa jury has to step in and order you to pay insurance claims, you have no one to blame but yourself.

— Andrew Mertens, Iowa Association for Justice, West Des Moines

Letter published in the Des Moines Register here.