NEW YORK, Oct 8 (Reuters) - A U.S. bankruptcy judge on
Wednesday agreed to stop wrongful death lawsuits from proceeding
against Genesis Healthcare ( GENNQ ) employees, shareholders and staffing
agencies, saying the litigation could derail efforts to sell
Genesis nursing homes.
U.S. Bankruptcy Judge Stacey Jernigan granted Genesis'
motion at a court hearing in Dallas, Texas, overruling 14
objections from people who have filed personal injury or
wrongful death lawsuits against the company.
Jernigan put the cases on hold until the end of Genesis'
bankruptcy, finding that the expense of continued litigation
could force the company into a full shutdown and put 15,000
patients and residents at risk.
"We're not going to burn the house down," Jernigan said.
Lawyers for the tort plaintiffs argued that they should be
allowed to sue doctors who had committed malpractice and bring
claims against investors and shareholders who contributed to
Genesis' collapse.
Dan Simon, representing Genesis, said that an "onslaught of
litigation" would imperil the company's ability to provide care,
potentially cause an exodus of critical employees, and reduce
the limited amount of money available to pay tort victims and
other creditors.
Genesis, which operates 175 skilled nursing facilities and
assisted living facilities in 18 U.S. states, filed for
bankruptcy on July 9 with over $2.3 billion in debt.
The company faces over 200 lawsuits alleging malpractice,
wrongful death or other injury, and it was spending $8 million a
month to litigate and settle those cases before it filed for
bankruptcy, according to court filings.
The case has drawn the attention of U.S. senators including
Massachusetts Democrat Elizabeth Warren, who raised concerns
about private equity ownership of healthcare businesses.
Genesis was bought by private equity firms JER Partners and
Formation Capital in 2007, and those owners added to the
company's debt through a series of acquisitions while selling
off the company's real estate. Private equity firm ReGen
Healthcare bought most of the company's equity in 2021.
Warren sent a letter to the company's leaders on Tuesday night,
asking them for clarity about the company's current ownership
and expressing concern that insiders accused of driving the
company into bankruptcy could re-acquire it without paying the
company's creditors, including the wrongful death plaintiffs.
Other private equity-backed health companies that have filed for
bankruptcy in recent months include hospital chains Steward
Health and Prospect Medical Group. Both of those companies, like
Genesis, took on large amounts of debt during private equity
buyouts, sold their real estate, and eventually collapsed into
bankruptcy.
The case is Genesis Healthcare Inc ( GENNQ ), U.S. District Court for
the Northern District of Texas, No. 25-80185
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