McKnight’s Long-Term Care News: Teresa Tomlinson on SCOTUS Decision Regarding COVID Cases

Lawsuits against nursing homes for allegedly failing to treat residents properly during the pandemic are more likely to be heard now in state and not federal courts following an announcement from the U.S. Supreme Court that it would not take up the case of Saldana v Glenhaven Healthcare.

Saldana died of COVID-related causes while a resident at Glenhaven. His family sued the facility for not doing enough to protect Saldana from the virus. Glenhaven then attempted move the case to federal court to take advantage of immunity under the Public Readiness and Emergency Preparedness Act, which the court rejected.

Teresa Tomlinson, partner at Hall Booth Smith, told McKnight’s Long-Term Care News providers may still receive the federal relief they’re seeking.

There are opinions in federal appellate courts expected in the next six months on records and arguments more fully developed than Glenhaven, simply because of the march of time and the evolution of these issues of first impression, she said. The right opinion, with the right record, may well be accepted for consideration by the Supreme Court. Providers do believe this next round of appeals coming up through the courts of appeals are well situated for cert acceptance.

“Long-term care providers have valid arguments and a critical need for answers,” she said. “The providers believe the PREP Act supplies clear protections the courts have not been enforcing to this point.”

You can read the full article on the McKnight’s Long-Term Care News site.