A Florida-based plaintiffs’ firm has begun running negative ads in various news outlets across the state targeting member nursing centers.  If your center is the subject of an ad, or if you see an ad in one of your local papers, please contact VHCA-VCAL Vice President of Strategy and Communications Amy Hewett immediately.  VHCA-VCAL has been working aggressively to respond to the ads to blunt the impact for members. 

About the Ads

The Wilkes McHugh law firm has a history of placing advertisements to solicit medical malpractice cases against nursing centers by blanketing multiple regions in states using print, billboard, and television advertising.  The full-page ads cite survey data from Nursing Home Compare, but do not include any context about the scope and severity of the deficiencies, let alone the fact that in most instances the issue did not result in any patient harm. 

Through our research, we have learned that the firm has achieved significant awards in numerous states. In some states they have become so successful that they have opened up additional offices to continue to pursue cases.  Sadly, we have also learned that some providers have sold their business interests in some states as a result of their losses in these types of cases. 

VHCA-VCAL Response

VHCA-VCAL has mobilized to respond to the ads and is prepared to support members as needed if they are subject to an ad.  VHCA-VCAL Chairman David Tucker, the Board of Directors and the Owners’ Committee have engaged in the development of our response plan.

Among the actions the association has taken to-date:

• Consultation with legal counsel to see if these ads comport with Virginia’s advertising laws.
• Sought advice from public relations/marketing experts to determine how widespread this campaign might be.
• Outreach to our state agency partners (Office of the Secretary of Health and Human Resources, Office of the Attorney General, Department of Medical Assistance Services, Virginia Department of Health, and staff of the House Appropriations and Senate Finance Committees) to inform them of the attack campaign.
• Outreach to other AHCA state affiliates that have had to deal with this firm and how they responded.
• Dialogue with the Virginia Trial Lawyers Association and the Virginia Press Association.
• Consultation with public relations experts on crisis communications and reputation management.

We are also developing a toolkit for members that may be subject to ads.  The toolkit will include with template letters for residents/families and staff, as well as a letter-to-the editor.  We will also provide advice on additional steps members can take like touching base with their media contacts, hiring a public relations firm, preparing testimonials from residents and/or family councils, etc.

The association’s response to these ads is evolving. We welcome member feedback and comments on our approach.  Please contact Amy Hewett, Vice President of Strategy and Communications, at 804-212-1691 and amy.hewett@vhca.org with your questions or concerns.