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SEATTLE, March 31 /PRNewswire-USNewswire/ -- The sister of a Washington woman, whose tracheal tube clogged with mucous causing oxygen loss and brain damage while she was a resident of Extendicare's Aldercrest Health & Rehabilitation Center in Edmonds, Wash., has filed suit against three wholly owned United States-based subsidiaries of Canadian Extendicare REIT. Norene McPherson's 49-year-old sister, Lea Ann, died a few months after the incident.
The action is being taken after a federal district court judge dismissed a class action lawsuit filed against Extendicare Health Services, Inc.; Extendicare Homes, Inc.; and Fir Lane Terrace Convalescent Hospital and 15 Washington Extendicare facilities, (collectively referred to as Extendicare), on a procedural basis as opposed to allowing the jury to rule on the actual merits of the class action complaint.
"It is important to note that the court did not rule that the conduct alleged in the class action was not occurring, but rather simply that it could not be redressed via the class action mechanism," says Seattle elder abuse lawyer Kevin Coluccio of Stritmatter, Kessler, Whelan, Coluccio. "But we will seek justice for Lea Ann in the courts of Washington State."
Norene McPherson, as the Personal Representative for the Estate of Lea Ann Steele v. Extendicare Health Services, Inc.; Extendicare Homes, Inc.; and Aldercrest Health & Rehabilitation (Case # 09-2-03914-1), will be heard in Snohomish County Superior Court and not be subject to the same procedural hurdles that a class action complaint must meet in Federal court.
"Just as the rules of evidence are different in criminal and civil courts, which allowed for O.J. Simpson's civil conviction of killing Nicole Simpson and Ron Goldman, the rules of evidence differ between Federal and State courts,"
|SOURCE The Garcia Law Firm|
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