TALEVSKI v. HEALTH AND HOSP. CORP. OF MARION CTY.

No. 20-1664.

6 F.4th 713 (2021)

Gorgi TALEVSKI, BY NEXT FRIEND Ivanka TALEVSKI, Plaintiff-Appellant, v. HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2021.


Attorney(s) appearing for the Case

Susie Talevski , Attorney, Susie Talevski , Attorney At Law, Valparaiso, IN, Andrew Tutt , Attorney, Arnold & Porter Kaye Scholer LLP, Washington, DC, for Plaintiff-Appellant.

Lawrence Saul Robbins , Alan E. Untereiner , Attorneys, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, DC, for Defendants-Appellees.

Maame Gyamfi , William Alvarado Rivera , Attorneys, AARP Foundation Litigation, Washington, DC, for Amici Curiae American Association of Retired Persons, AARP Foundation, California Advocates for Nursing Home Reform, Center for Medicare Advocacy, National Consumer Voice for Quality Long-Term Care, and Long-Term Care Community Coalition.

Martha Jane Perkins , Attorney, National Health Law Program, Chapel Hill, NC, for Amicus Curiae National Health Law Program.

Douglas Koff , Attorney, Schulte, Roth & Zabel LLP, New York, NY, for Amicus Curiae Law Professors.

Thomas M. Fisher , Kian James Hudson , Julia Catherine Payne, Esq. , Attorneys, Office of the Attorney General, Indianapolis, IN, for Amici Curiae State of Indiana, State of Alabama, State of Alaska, State of Kentucky, State of Mississippi, and State of Nebraska.

Randall R. Fearnow , Attorney, Quarles & Brady LLP, Chicago, IL, for Amici Curiae Indiana Health Care Association, Illinois Health Care Association, and Wisconsin Health Care Association, Inc.

Before Kanne, Wood, and Scudder, Circuit Judges.


For Gorgi Talevski, living with dementia went from difficult to worse during his stay at Valparaiso Care and Rehabilitation, a state-run nursing facility near his family home in Indiana. Through his wife, Ivanka Talevski, he sued Valparaiso Care, the Health and Hospital Corporation of Marion County (HHC), and American Senior...

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