Laura Bernstein v. Extendicare Healthcare Services Inc. et al.
Class Action Against Extendicare Dismissed.
The US District Court District of MN ruled in favor of defendants in a hearing on a motion to dismiss, stating in its opinion :
According to the Plaintiff, she is a vulnerable and disabled adult who was injured
while in Defendantsâ€™ care. Plaintiff also contends that she has received services that are
inadequate and that her nursing home generally does not provide quality care.6 The
Court is very sympathetic to the Plaintiff. Plaintiff, however, has not asserted a claim
against Defendants for negligence related to an injury or for violation of specific
substantive laws or regulations. Instead Plaintiff seeks to initiate a class action against
Defendants for violation of Minnesota consumer protection laws. Plaintiff may well have
6 The Court inquired at the hearing whether Plaintiff had sought admission at
another facility, given her allegations regarding substandard care at her current facility.
Plaintiffâ€™s counsel represented that Plaintiff was not able to transfer to another facility
because no other facility would take the Plaintiff due to her status as a Medicaid
recipient. The Court inquired as to the number of facilities to which Plaintiff has applied
and been turned away, but Plaintiffâ€™s counsel was unable to provide the Court with this
Case 0:08-cv-05874-DWF-JSM Document 27 Filed 03/04/2009 Page 10 of 11
claims against the Defendants, but a consumer protection class action does not lie on the
facts Plaintiff has alleged.7
Accordingly, IT IS HEREBY ORDERED that:
1. The Motion to Dismiss brought by Defendants Extendicare Health
Services, Inc. and Extendicare Homes, Inc. (Doc. No. 7) is GRANTED.
2. Plaintiffâ€™s Complaint (Doc. No. 1) is DISMISSED WITHOUT
Dated: March 4, 2009 s/Donovan W. Frank
DONOVAN W. FRANK
Judge of United States District Court
Defense Counsel in the case was Lane Powell a LTC Risk Legal Forum member firm.