Navigation Plaintiff alleges negligence against nursing home operator over wrongful death and erroneous Medicare claim
A legal battle has erupted over alleged negligence in Medicare reporting, leading to significant financial implications for the estate of a deceased individual. On December 23, 2024, David Kiester filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Well Trevi Tenant, LLC, doing business as The Fountains at Boca Ciega Bay.
The case revolves around the death of Gordon L. Kiester Jr., who passed away on July 22, 2022. According to the plaintiff, David Kiester—acting as the personal representative of his father’s estate—the defendant’s employees were negligent, resulting in wrongful death. This prompted Kiester to engage attorney David Eaton for legal representation. A settlement was reached during pre-suit mediation in November 2023 for $175,000 after Medicare confirmed no lien existed based on the incident date of July 22, 2022.
However, complications arose when Medicare later demanded repayment from the estate amounting to $107,410.76 due to an incorrect incident date reported by the defendant or its agents as June 2, 2022. Despite attempts by plaintiff’s counsel to appeal this reimbursement request and correct the error with defense counsel L. Tatum Brown acknowledging her client’s mistake and promising rectification—no corrective action was taken by Well Trevi Tenant.
