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 :

CONCLUSION

According to the Plaintiff, she is a vulnerable and disabled adult who was injured

while in Defendants’ 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.

Plaintiff’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 Plaintiff’s counsel was unable to provide the Court with this

information.

Case 0:08-cv-05874-DWF-JSM Document 27 Filed 03/04/2009 Page 10 of 11

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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. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED WITHOUT

PREJUDICE.

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. 

http://www.thelmsforum.com/Firms.html?id=50

Author: Web Master
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