At Kevin Kelly & Associates, P.C., we take pride in the successes achieved for our clients.
Nursing Home Disputes
● A nursing home sued a client in Superior Court seeking in excess of $34,000.00 in damages claimed as a result of care for the client’s late husband. We moved to dismiss the case on the grounds that the damages sought were actually a debt of the late husband, such that exclusive jurisdiction over the claim was in the probate court and not the Superior Court. The trial court agreed and dismissed the case.
● A nursing home sued the grandson of a resident in Superior Court seeking in excess of $23,000.00 in contract damages, and attorney’s fees, because he signed as a “responsible party” upon admission of his grandmother to the nursing home. Attorney Kelly represented the client, and after a lengthy discovery and trial, the nursing home decided to settled the case by paying the grandson $75,000 because our firm demonstrated that the nursing home could not sure the family under Medicaid law and policy.
● A family applied for Medicaid benefits and the Department of Social Services (DSS) took issue with the transfer of a home in connection with an Agreement that had been made years earlier to transfer the home to the applicant’s children in exchange for home improvement work they performed. We obtained copies of the Agreement, evidence from the children, and proved to the DSS that the transfer of the home was made for value, ensuring that our client was eligible for Medicaid and received the health care benefits to which he was entitled.
● A client received a preliminary decision regarding his application for Medicaid benefits resulting in a penalty in excess of $370,000.00. The penalty resulted from what the Department termed “improper transfers” of assets from the client’s late wife to their son. We convinced the caseworker that the “transfers” were not improper transfers. Not only did the Department reverse course and approve our client’s application without penalty, but we accomplished the result at the administrative level, saving our client the costs associated with an appeal.
● A client returned a rental car and scratches on the roof were noted during the return inspection. The rental car company sent our client a bill in excess of $2,700.00 for a variety of repairs, including the replacing of the front and rear windshields and the painting and repair of substantial portions of the vehicle. We were able to present documentation to the rental car company demonstrating that these claimed damages were not attributable to our client and received a full release of any claim against her.
● Our client, a municipality, was awarded judgment, and the defendant appealed that decision, taking the position that its filing of the appeal stayed the enforcement of that judgment. Our office contested this position, personally hand-delivering a motion seeking to terminate the claimed stay to the Appellate Court. The trial judge scheduled argument on our motion and our efforts resulted in a settlement for our client in excess of $500,000.00.
Kevin Kelly & Associates P.C.