Judge rules Riverbend is not immune from wrongful death lawsuits

A federal judge has ruled against Riverbend Post Acute Rehabilitation's request to be granted immunity from wrongful death lawsuits.

AND NEW AT SIX TONIGHT-- A JUDGE HASDETERMINED RIVERBENDPOST ACUTE REHABCENTER IN KCK IS NOTIMMUNE FROM LEGALACTION AFTER SEVERALFAMILIES FILED WRONGFULDEATH SUITS AGAINST THEFACILITY.THE LAWSUITS STEMFROM SEVERAL DEATHSTHAT OCCURRED THEREDUE TO A COVID-19OUTBREAK.THE I-TEAM'S JESSICAMCMASTER HAS MORE ONTHE JUDGE'S RULING ANDWHAT THIS MEANS FORTHE FAMILIES.John Rollins-Attorneythey definitely need to be heldaccountable-lives were lost-lots of lives were lost.JOHN ROLLINS IS JUST ONEOF THE ATTORNEYS WHOFILED WRONGFUL DEATHLAWSUITS AGAINSTRIVERBEND POST ACUTEREHABILTATION CENTER.TO DATE, DOZENS OFRESIDENTS HAVE DIED ATTHE KANSAS CITY KANSASFACILITY FROM COVID 19.Latrice Newman-dad died atriverbendthat was the last location hewas supposed to go to wasRIverbend to get him preparedto come back home.LATRICE NEWMAN AND HERSISTER TAMESIA LONGFILED THE FIRST LAWSUITAGAINST THE FACILITYAFTER THEIR DAD, OKEYLONG, DIED FROM THEVIRUS IN APRIL--OKEY WASTHERE TO GET BETTERAFTER A STROKE.Tamesia Long-dad died atriverbendIt was a sad momentbecause my dad was byhImself."NOW, THE FIRST VICTORYFOR THE FAMILIES AFTER AJUDGE RULED BIG BLUEHEALTH CARE, THEPARENT COMPANY FORRIVERBEND, IS NOTIMMUNE FROM THELAWSUITS.BIG BLUE HEALTH CAREARGUED IT'S PROTECTEDUNDER THE PUBLICREADINESS ANDEMERGENCYPREPARDNESS ACT, ALSOKNOWN AS PREP ACT.RollinsThe court ruled the statutedoesn't apply to the claimswe're making in our lawsuit.THE PREP ACT WASINTENDED TO GIVE DRUGMANUFACTURES THEABILITY TO RUSH AVACCINE DURING THE H1N1OUTBREAK...ROLLINSSAYS, AND THE FEDERALJUDGE AGREES, THE PREPACT DOESN'T APPLY TOTHE ALLEGATIONSAGAINST RIVERBEND.RollinsThis lawsuit is aboutriverbends failure to protectitsresidents from the invasionand spread of the infectionwithin the facililty.WYANDOTTE COUNTYHEALTH OFFICIALSDETERMINED THEOUTBREAK STARTED FROMAN EMPLOYEE WHOREPORTED TO WORK ANDCARED FOR RESIDENTSWHILE DISPLAYINGSYMPTOMS OF THE VIRUS.AND NOW, A NEWINSPECTION REPORT FROMTHE CENTERS FORMEDICARE AND MEDICAIDSERVICES HASDETERMINED THE FACILTIYDID NOT COMPLY WITHINFECTION CONTROLREGULATIONS AND PLACEDTHE RESIDENTS INIMMEDIATE JEAPORDY.RollinsHow bad is this?

This is prettybad.WE REACHED OUT -- BUTRIVERBEND WOULD NOTCOMMENT ON THE JUDGESRULING.Jessica McMasterRIVERBEND TRIED MOVINGTHIS CASE TO FEDERALCOURT---WHICH ISTYPICALLY BETTER FORDEFENDENTS, BUT THEJUDGE ALSO RULEDAGAINST THAT.

THE CASEWILL NOW BE MOVED BACKTO WYANDOTTE COUNTYFOR A JURY TRIAL.

IN KCKIM JESSICA MCMASTER 41ACTION NEWS.THERE IS NO DATE SETFOR THE TRIAL -- IT'SEXPECTED TO TAKELONGER THAN NO