From 1999 through 2012, MCCM’s litigation department served as lead counsel for Beechwood Restorative Care Center against the unconstitutional actions of the New York State Department of Health which had resulted in the wrongful closure of the facility. Kevin Cooman, Paul Barden and Peter Weishaar represented this premiere nursing and rehabilitation facility in multiple administrative proceedings and state and federal court lawsuits for 13 years. Ultimately, Beechwood, and its owner were successful in a Section 1983 federal civil rights claim, when a jury found that five DOH officials had engaged in a no holds barred assault on the facility and its owner, in retaliation for their exercise of First Amendment rights. The State of New York settled with Beechwood during the damages phase of the federal court trial for the largest sum ever paid in a lawsuit of this nature -- $25 Million.
The entire saga is now chronicled in exquisite detail in a new book by Beechwood’s owner, Brook Chambery. A Court Without Justice: Administrative Law, The Constitution, and Me is the author’s first person account of the epic efforts by this MCCM client and his lawyers to uncover the conspiracy against Beechwood and its owners, and to hold the DOH officials responsible for their misconduct in destroying a first rate health care institution, and sullying the reputation of a nationally known health care innovator. More than just a compelling story, the book is a clarion call for reformation of federal and state administrative law and its defective adjudication system – which can too easily result in injustice that judges in real courts are unable or reluctant to remedy.
A Court Without Justice, and its companion work, 50 Years of Failure: American Healthcare Policy at a Crossroads, are now available on Amazon in Kindle and paperback versions.
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McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979. With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.
We represent a diverse range of clients located throughout New York State and New England. They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts. For more information, please contact us at 585.546.2500.