Anatomy of COVID-19 Long Term Care Lawsuits and Class Actions – Analysis of Causes of Actions, Pleadings and Merit**

August 18, 2020 10:30am

Dylan Braverman
Partner
Vigorito, Barker, Patterson, Nichols & Porter, LLP

William J. Mundy, Esq.
Member
Burns White LLC (Conshohocken, PA)

Olga Kats-Chalfant, Esq.
Divisional Claim Manager – Princeton
MedPro (Princeton, NJ)

Individual Cases
  • Surveying state COVID LTC litigation hotspots
  • Examining the common elements causes of action alleged in these COVID cases
  • Understanding why deceptive conduct, non-transparency, gross negligence are all pled in the absence of intent
  • Exploring possible venue challenges under PREP Act relative to DC Federal Courts

Case study: Morin v. LifeCare Class Action Filings
  • Examining Gill et al v. Pennsylvania Department of Health as the possible bellwether case of COVID-19 LTC class action litigation against state institutions
  • Analyzing merits of allegations of unauthorized clinical trials in violation of the Nuremberg Code
  • Assessing applicability of sovereign immunity
  • Surveying other recent COVID-relate LTC class action activity on merits, causation, and public policy arguments
    • Maglioli v. Andover Subacute Rehabilitation Center, Superior Court of NJ (May 2020)
    • Schoengood, et al v. Hofgur, LLC d/b/a Queens Adult Care Center (E.D.N.Y 2020)
  • Predicting the scope and likelihood of future class action activity in this area