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More families sue NJ nursing home for negligence, wrongful death

Fifty or more families of residents who died at the Andover nursing home could be part of the lawsuit should it be certified class action.

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Joseph Schwartz accused of millions in Medicaid fraud

Joseph Schwartz faces arrest in Arkansas. He built a long-term care facility empire now half-owned by his son — including a Sussex County site that became notorious during the pandemic.

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New Jersey nursing home where 83 residents died of Covid is still open under a new name

Andover Subacute II, a nursing home where 83 residents died of Covid in the first four months of the pandemic, has rebranded, and is now collecting Medicaid and Medicare payments.

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COVID suits against NJ nursing home belong in state court not federal

COVID suits against NJ nursing home belong in state court not federal
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3rd Circ. Questions Keeping Virus Suits In Federal Court

3rd Circ. Questions Keeping Virus Suits In Federal Court
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Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? | Sheppard Mullin Richter & Hampton LLP


[co-author: Genta Iwasaki]
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the District Court for the Central District of California (the “CDCA Court”) in the case of
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry.

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COVID-19: PREP Act Exempts Sr. Living Facilities from Civil Liability


Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers?
Monday, March 8, 2021
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of 
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry.

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