Federal Judge Orders Medical Negligence Case Against Texas Nursing Home Back to State Court

PMR Law successfully argues that pandemic-related lawsuit belongs in state court 

AUSTIN, Texas – A federal judge has rejected efforts by a Texas nursing home company to move a pandemic-related medical negligence lawsuit to federal court, clearing the way for the dispute to proceed in the state court where it was originally filed. 

PMR Law attorneys Jacqueline A. Stump and Tej Paranjpe represent plaintiffs Michael and Desiree DeLeonwho filed the lawsuit on behalf of the estate of Sulema DeLeon, a long-term care resident of the Trinity Health Center in Round Rock, who passed away on April 28 after contracting COVID-19.  

According to the lawsuit, Trinity Health Center and Caraday Healthcare, LLC., failed to take preventative measures to stop the entry or spread of COVID-19 in the nursing homeAttorneys representing the nursing home sought to have the lawsuit moved to federal court, where the Federal Public Readiness and Emergency Preparedness Act or PREP Act preempts state law and provides immunity to the defendants for any loss due to PREP Act “covered countermeasures.”  

PMR Law attorneys argued that the lawsuit belongs in state court because the PREP Act does not cover failed actual care or inaction by health care providers.  

Federal Judge Robert Pitman agreed that the lawsuit falls under state medical negligence claims and sent the case back to the 98th Judicial District Court of Travis County, Texas.  

“This lawsuit is about a nursing home that failed to act and put the proper countermeasures in place to prevent the spread of the virus where Sulema DeLeon lived,” said PMR Law co-founder Tej Paranjpe. “Those claims belong in a state court where they can be properly disputed, and we are glad that Judge Pitman agreed with our argument.” 

The case is Michael DeLeon and Desiree DeLeon, individually and as representative of the estate of Sulema Deleon v. Trinity Health Center and Caraday Healthcare, LLC., Case No. 1:20-CV-00945-RP. 

Paranjpe Mahadass Ruemke LLP or PMR Law is driven by compassion and focused on results. The firm has helped hundreds of clients receive the compensation they deserve in personal injury litigation and business disputes. PMR Law’s priority is to provide personalized attention, professionalism, and tireless representation. Visit: https://pandmllp.com/.

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