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A lawsuit against a Montana nursing home in which three patients died during the pandemic may go forward since the plaintiffs allege the facility neglected and did not properly care for their relatives. 

A spokesman for the provider told McKnights Long-Term Care News on Monday that the facility intends to “defend our actions” as the case proceeds.

US District Judge Susan P. Watters ruled that the case against Canyon Creek in Billings, MT, does not run afoul of a federal liability shield law.

“Canyon Creek’s failure to act was systematic, stemming from their complete failure to enact COVID-19 control programs,” Watters wrote, according to court documents. “Canyon Creek’s failure to understand this nuance in the PREP Act is fatal to their motion.”

The Public Readiness and Emergency Preparedness (PREP) Act was signed into law in 2005 but was essentially untested until the COVID pandemmic. It provides immunity to eligible healthcare workers and facilities from lawsuits related to treatment and devices except in case of neglect. Providers around the nation are closely watching various lawsuits concerning PREP Act complaints.

In the Montana lawsuit, the estates for three patients who died during the pandemic allege mistreatment and neglect, according to the Daily Montanan. Court documents state that the residents were dehydrated, suffered pressure sores and had lost a precipitous amount of weight. Two families said their relatives were “sitting in their own urine when they were allowed to see them,” the newspaper reported. 

“(The case) is clear that the alleged cause of plaintiffs’ harms is Canyon Creek’s failure to provide adequate care generally, not specific to COVID-19,” Watters wrote in her decision. “None of these allegations implicate a covered countermeasure, i.e., a drug, product or device used to treat, mitigate, etc., COVID-19 even if the time period in which the alleged breaches occurred was during a COVID-19 outbreak at the facility.”

But a spokesman for Koelsh Communities, which owns Canyon Creek, contested the judge’s assertion.

“Canyon Creek had rigorous COVID-19 protocols in place and followed guidance issued by healthcare authorities and medical experts,” said Chase Salyer, director of Marketing and Operational Support. “We will continue to defend our actions as this matter proceeds.”