Will the U.S. Supreme Court decide to hear a nursing home Covid-19 wrongful death case involving the PREP Act as requested by Glenhaven Healthcare? If so, this could be the first time the U.S. Supreme Court interprets the federal statute.

The Case: Saldana v. Glenhaven Healthcare, LLC

The Court: U.S. Court of Appeals Ninth Circuit

The Case No.: 20-56194

The Plaintiff: Saldana v. Glenhaven Healthcare, LLC

Ricardo Saldana, the listed plaintiff in the case, died from COVID-19 at a Glenhaven nursing home. Saldana's relatives sued the facility in California state court in May 2020, citing wrongful death. The family alleges that the nursing home facility did not provide its employees with appropriate protective equipment. They also claim the facility did not identify and isolate workers and residents with COVID-19 (or suspected COVID-19 exposure) before others in the facility were exposed. The defendant, Glenhaven, removed the case to federal court, but the U.S. District Court for the Central District of California disagreed with the defendant's arguments. The case was sent back to state court in October 2020.

The Defendant: Saldana v. Glenhaven Healthcare, LLC

The defendant in the case, Glenhaven Healthcare, LLC, is a California-based nursing home operator. In late August 2022, Glenhaven Healthcare asked the Supreme Court to consider taking the case after the 9th U.S. Circuit Court of Appeals upheld a lower court's decision to keep the case in state court. Glenhaven argues that the claims in Saldana v. Glenhaven Healthcare, LLC are preempted by the federal PREP Act (Public Readiness and Emergency Preparedness), so the case should continue in federal court. Similar cases have popped up all across the country. And while some have made it to the federal appeals court, there have yet to be any federal rulings that the PREP Act supersedes state law actions.

Details of the Case: Saldana v. Glenhaven Healthcare, LLC

The PREP Act provides immunity from suit if the HHS Secretary determines that a threat to health constitutes a public health emergency. Still, it also provides an exception for an exclusive federal cause of action for willful misconduct. A March 2020 declaration under the Act provided "liability immunity for activities related to medical countermeasures against COVID-19." The PREP Act was initially designed in 2005 to ensure that the concern or threat of litigation would not prevent the private sector or other necessary entities from developing and administering essential countermeasures. According to court documents, Glenhaven claims they complied with mandatory directives from the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, and the Department of Health and Human Services. If the Supreme Court takes the case, it could be the first time they issue a federal ruling regarding these arguments.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.