A Pennsylvania appeals court has revived a 12-year-old civil case against two attorneys who allegedly schemed with a ManorCare nursing home to overcharge an elderly nursing home resident.
A three-judge Pennsylvania Superior Court panel in October reversed a lower court decision dismissing conspiracy charges and remanded the case to trial court for further proceedings. The original lawsuit was brought by Edith K. Horan, administrator of the estate of Penny Raffa, a former resident of ManorCare-King of Prussia. Raffa is now deceased. The nursing home, ManorCare and the attorneys were named as defendants.
The suit contends that in 2011, representatives of ManorCare-King of Prussia and its legal counsel, Brian Scott Dietrich, conspired with a third-party attorney, Robert Feliciani, to have Raffa declared incapacitated as part of a plan to enrich themselves at the resident’s expense. It alleges nursing home officials and the two attorneys orchestrated an illegal collection action against the resident, which resulted in a default judgment against Raffa of more than $81,000, including facility and attorney fees.
The Superior Court ruled Horan’s amended complaint provides sufficient cause to support a civil conspiracy claim. “The allegations … furthermore, are sufficiently outrageous, that if true, they support Horan’s requests for punitive damages,” the judges wrote in their decision.
Julie Beckert, a spokeswoman for ProMedica, which took over ManorCare operations, said the company confidentially settled its portion of the case. She said the case still pending is against the two attorneys only. A lawyer representing the ManorCare counsel defended his client against the allegations of wrongdoing.
“Obviously, we’re disappointed and disagree with the ruling,” he said. “We look forward to addressing these meritless allegations against our client.”
From the December 2022 Issue of McKnight's Long-Term Care News
