For the last 17 years, I and a team of lawyers have been representing families threatened by TCE contamination in their water supply, in the groundwater underneath their homes, and in the air inside their homes (called "vapor intrusion"). Recent reports in the media unfortunately describe how TCE, disposed of years ago in Nonantum, Massachusetts has seeped into the groundwater about 60 feet below the surface, and, after turning into gas ('vapor"), has risen back up through the soil and intruded into the breathing space of area homes.
A shift in power and control has returned to those who most need it - nursing home residents and their families. In a recent ruling, the Centers for Medicare and Medicaid Services (CMS) prohibited mandatory pre-dispute arbitration agreements between federally funded nursing homes and their residents. Prior to the new ruling, many nursing homes required residents to sign an arbitration agreement which forced residents to solve any dispute that may arise between them and the nursing home outside of court. These agreements heavily favored the nursing homes and took away a resident's power to use the court system for injuries caused by a nursing home's wrongful conduct.