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Ohio Nursing Home Must Defend Covid Death Suit in State Court

Dec. 28, 2021, 8:16 PM

A federal judge in Ohio returned several Covid-19 wrongful death suits against skilled nursing facilities to state court after finding they didn’t fall within the federal court’s jurisdiction.

The federal Public Readiness and Emergency Preparedness Act doesn’t completely preempt state-law causes of action unless they relate to the use of authorized countermeasures used to fight the coronavirus pandemic, Judge J. Philip Calabrese of the U.S. District Court for the Northern District of Ohio said.

The plaintiffs are family members and personal representatives of nursing home residents who caught Covid-19 and died. They sued the operators and administrators of the Cleveland-area ...