Supreme Court Won’t Review Decision Holding COVID-19 Negligence Action Against Nursing Home Belongs in State Court
- December 02, 2022
The U.S. Supreme Court declined November 21 to review a Ninth Circuit panel ruling that a wrongful death and negligence action against a California nursing home brought by the family of a resident who died after contracting COVID-19 belonged in state court.
In its February decision, the Ninth Circuit held that the Public Readiness and Emergency Preparedness Act’s (PREP Act’s) statutory scheme was not so comprehensive as to entirely supplant state law causes of action for negligence in this context. Saldana v. Glenhaven Healthcare LLC, No. 20-56194 (9th Cir. Feb. 22, 2022).
The panel concluded that Congress, in enacting the PREP Act, “did not intend to displace non-willful misconduct claims brought by plaintiffs related to the public health emergency.” The panel also found the federal officer removal statute did not confer subject matter jurisdiction.
The Ninth Circuit’s ruling is consistent with other federal circuit and district court rulings, which have been nearly unanimous in rejecting the removal question in similar actions. See, e.g., Estate of Maglioli v. Alliance HC Holdings LLC, Nos. 20-2833 (3d Cir. Oct. 18, 2021).
Richard Saldana allegedly contracted and died from COVID-19 while residing at a Glenhaven Healthcare LLC nursing home. Saldana’s family sued Glenhaven in state court, alleging the nursing home failed to adequately protect him from COVID-19. The complaint asserted causes of action for elder abuse, willful misconduct, custodial negligence, and wrongful death.
Glenhaven Healthcare LLC v. Saldana, No. 22-192 (U.S., petition for review denied Nov. 21, 2022).