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Business Associations Keyed to LoPucki, 2nd Ed.
Northern Health Facilities v. Batz
Citation:
993 F. Supp. 2d 485 (2014)Facts
On January 26, 2012, John Batz became a resident of Tremont Health and Rehabilitation Center. During the admission process, John, who was blind, instructed his wife Faith to sign the admission documents on his behalf, including an Alternative Dispute Resolution Agreement. This Agreement provided that any disputes related to John’s stay at the facility would be resolved through mediation and, if necessary, binding arbitration. In February 2012, John allegedly suffered a deep tissue injury that deteriorated into necrotizing fasciitis with Fourniers gangrene, requiring hospitalization and multiple surgeries. By March 5, 2012, he had developed a large open wound extending from his sacrum to his perineum. On March 24, 2012, John died after being discharged to home hospice. Faith Batz subsequently filed a state court action both individually and as administratrix of his estate, asserting wrongful death and survival claims. Northern Health Facilities then filed a federal action to stay the state proceedings and compel arbitration pursuant to the ADR Agreement.
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