Glenhaven Healthcare Lawsuit To Be Heard In State Court
By Scott Glovsky on November 21st, 2022 in Clients, In The Media, Nursing Home and Elder Abuse, Wrongful Death
November 21, 2022 NEWS UPDATE – The Supreme Court Will Not Hear the Saldana Case
On November 21, 2022, the Supreme Court declined to hear the Saldana case. The case will remain in California state court.
October 18, 2022 NEWS UPDATE – We Respond to Glenhaven’s Petition to the Supreme Court
We agree with the decisions of the Federal District Court and the Ninth Circuit Court of Appeals. We sent our Respondent’s Brief in Opposition to Glenhaven’s Petition For a Writ of Certiorari to the Supreme Court on October 18, 2022. You can read it here.
August 29, 2022 NEWS UPDATE – Glenhaven Petitions the Supreme Court to Hear Saldana Case
After losing in the Federal District Court and the Ninth Circuit Court of Appeals, Glenhaven Healthcare petitioned the Supreme Court to take the case. Glenhaven hopes SCOTUS will reverse the Ninth Circuit’s opinion.
Scott Glovsky commented, “Glenhaven Healthcare is seeking a tortured interpretation of the law to immunize itself and the entire skilled nursing industry from liability for its failure to protect its patients. Glenhaven’s arguments have been rejected by the Federal District Court, the Ninth Circuit Court of Appeals, and I am confident that they will be rejected by the United States Supreme Court. Glenhaven cannot escape responsibility for patients in its care. If it had taken the most basic precautions, Mr. Saldana would be alive today. At a time when Mr. Saldana needed care most, Glenhaven put profits over the health and safety of its residents. We look forward to exposing its conduct and bringing justice to the Saldana family.
We filed our wrongful death lawsuit on behalf of the Saldana family in California state court in May 2020. Glenhaven then removed the case from state to federal court. In October 2020, the Federal District Court rejected Glenhaven’s arguments and remanded the case to state court. Glenhaven appealed this decision. In February 2022, the United States Court of Appeals for the Ninth Circuit unanimously upheld the California Federal District Court decision that the Saldana v. Glenhaven Healthcare case was not pre-empted and belonged in state court.
Why Does Glenhaven Healthcare Argue the Saldana Case Should be Heard in Federal Court?
Glenhaven Healthcare and other nursing homes argue that they are immune from wrongful death lawsuits. Glenhaven’s position is that it was “acting under” the guidance of a federal officer. Glenhaven and other nursing homes also argue they are protected under a federal law cited during the pandemic. This PREP Act provides protection against legal claims related to “countermeasures” during a public health emergency. The courts rejected Glenhaven’s arguments. We also believe this is not a valid argument. Our Saldana lawsuit is based on Glenhaven not taking action to help protect Mr. Saldana. The PREP Act is intended for people and companies using countermeasures to protect people.
Feb. 22, 2022 NEWS UPDATE – Saldana v. Glenhaven Healthcare Lawsuit Decision
Today the United States Court of Appeals for the Ninth Circuit rejected Glenhaven’s arguments and unanimously upheld the California Federal District Court decision that the Saldana v. Glenhaven Healthcare case belongs in state court. Today’s decision is a victory for victims of nursing home wrongdoing during the COVID-19 pandemic. Read the Glenhaven Healthcare lawsuit opinion here.
Scott Glovsky commented, “Today’s decision is a direct message to Glenhaven Healthcare that it cannot escape responsibility for patients in its care. If it had taken the most basic precautions, Mr. Saldana would be alive today, as the complaint explains. At a time when Mr. Saldana needed care most, Glenhaven put profits over the health and safety of its residents. We look forward to moving forward to trial against Glenhaven’s elder abuse, willful misconduct and negligence resulting in the death of Mr. Saldana.”
The Saldana opinion in the Ninth Circuit is significant because it governs similar nursing home negligence lawsuits including 50+ pending appeals.
Read the original article related to the Glenhaven Healthcare lawsuit below.
Original Article
May 21, 2020 – Los Angeles, CA – A wrongful death lawsuit was filed today in Los Angeles Superior Court alleging Glenhaven Healthcare nursing home in Glendale, CA is guilty of elder abuse, willful misconduct and negligence in its COVID-19 response resulting in the death of several of its residents.
Profits Over People
This is a case about profits over people. The Saldana family trusted the Glenhaven Healthcare nursing home to care for and protect Ricardo Saldana. Glenhaven grossly betrayed their trust. Glenhaven took intentional and cruel actions in its response, and lack thereof, to the coronavirus outbreak until it was too late.
Ricardo Saldana lived in the Glendale nursing home for years. He became one of roughly ten patients who died after contracting the coronavirus due to the facility’s recklessness in handling the outbreak. The complaint alleges the nursing home betrayed the trust of its patients and their loved ones by intentionally concealing that a working staff member had been heavily exposed to the virus, while at the same time prohibiting staff members from wearing masks and gloves.
Ricardo and Jackie Saldana
“My clients believe that if the facility had handled the outbreak properly and had taken appropriate precautions to protect its residents, their beloved husband and father would still be alive,” said attorney Scott Glovsky. “The behavior of Glenhaven was completely unacceptable. Glenhaven allowed this virus to spread rapidly and needlessly kill many residents.”
Ricardo Saldana and his parents
Socorro and Blandina
While state and local officials were working as early as February to help provide guidelines for nursing homes and others to follow regarding COVID-19, the lawsuit alleges that Glenhaven’s management did little to protect its patients and knowingly put them in harm’s way. The suit alleges Glenhaven failed to provide any protective equipment (such as facemasks) to employees, it prohibited employees from bringing or wearing their own protective equipment, and even locked up protective gear delivered by the local fire department – until it was too late. The facility failed to take appropriate precautions to identify or isolate employees or residents living with or suspected to have the virus until it was too late.
The lawsuit alleges that an employee who had been exposed to the virus was allowed to continue to work at the nursing home, actively exposing staff and patients to the virus for roughly two weeks as if nothing was wrong. Glenhaven also moved a resident who had been exposed to the virus into Ricardo’s room without telling him or his family, and without taking any precautions to protect Ricardo’s health. The complaint alleges Glenhaven did all this to avoid scrutiny from regulators, to save money, and to minimize the knowledge of the virus with its employees and residents. It also failed to provide testing of any kind until it was too late.
Ricardo Saldana and his parents and siblings
As a result of Glenhaven’s callous behavior towards its patients, Ricardo died on April 13th, alone and apart from his family.
The case is Jackie Saldana et. al v. Glenhaven Healthcare LLC, Los Angeles Superior Court. You can read the complaint here.
About the Law Offices of Scott Glovsky
The attorneys at the Law Offices of Scott Glovsky practice civil trial law, including insurance bad faith, catastrophic personal injury, and health-related cases. Our insurance cases include fighting a wide range of battles with health, life, disability, property and liability insurers. We get justice for our clients and hold the wrongdoers accountable.