Nursing Home Placed Under Temporary Restraining Order

A Cicero, Illinois-based nursing home where Coronavirus cases and deaths became widespread was placed under an additional 28-day temporary restraining order (“TRO”), according to a Chicago Daily Law Bulletin news article. A Cook County Circuit Judge ruled that City View Multicare Center LLC (“City View”) had to continue following the TRO requested by Cicero, the town in which it is housed. 

The Facts

In early May, the state recorded 10 Coronavirus-related deaths at the nursing home facility. The town of Cicero sought a preliminary injunction and TRO against the nursing facility, arguing that City View was violating health guidelines. Some of the allegations included failure to require staff or residents to wear personal protective equipment (“PPE”), lack of enforcement of social distancing, and not providing readily available hand-washing stations. 

According to the extended TRO, the town of Cicero has the authority to conduct two unannounced visits to the facility during the 28-day period. On May 5, the judge had initially granted a TRO requested by the town of Cicero against City View a week before the extended TRO, wherein the facility was required to comply with all federal, state, and local guidelines related to Coronavirus. The May 5 order also mandated the Illinois Department of Public Health (“IDPH”) to inspect City View within 48 hours of granting the TRO.  

Further Investigation

During a video hearing, an assistant Illinois attorney general on behalf of the IDPH informed the court that no violations of COVID-19 guidelines were found upon inspection of City View. As a result, City View’s attorneys asked the court to adjust the number of positive cases reported from the facility from 197 cases to 30 inconclusive caess and 167 positive cases. There are about 325 residents at City View and 300 employees. City View’s attorneys also argued against the 28-day extension of the TRO, pointing to the violation-free inspection by the IDPH.

Although the TRO was granted, the judge had previously denied the town of Cicero’s prior request to remove patients from City View hospitals, designated as alternative care facilities. The court found ordering the removal of these residents would be an impermissible substitution of a town’s judgment for that of experts. The court’s extended TRO required City View to comply with COVID-19 related directives including:

  • Providing sufficient personal protective equipment to residents;
  • Providing sufficient personal protective equipment to staff;
  • Enforcing social distancing guidelines;
  • Posting signs regarding COVID-19 safety guidelines;
  • Providing enough hand-washing stations for staff and residents; and
  • Monitoring the amount of people who enter and exit the facility.

The case is Town of Cicero v. City View Multicare Center, LLC, et al., 20 CH 4046.

Personal Injury Attorneys

While it is true that we are living in unprecedented times during the Coronavirus pandemic, you should feel comfortable that your loved ones — particularly elderly ones who are at a nursing facility — will be safe and protected. If your loved one has been hurt in Nevada due to the fault of another, contact the skilled Las Vegas personal injury attorney at Matt Pfau Law Group. Our lawyers will seek the best possible result for you and your loved ones.

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