In yet another legal setback for Brius Healthcare, nursing home residents have been allowed to move forward with a class-action lawsuit against dozens of the company’s nursing homes across California.

The class-action case — known as Foremen vs. Shlomo Rechnitz et al — is being heard by a Los Angeles arbitrator, who recently ordered letters to be sent to thousands of current and former residents of 55 Brius nursing homes.

The letter (see below) informs current and former residents of their right to communicate with the attorneys suing Brius over allegedly substandard care as well as the company’s alleged misrepresentations to consumers. According to the letter, the litigation covers a large “class” of residents:  individuals who were residents of any one of the 55 Brius nursing homes at any time since October 7, 2014.

[gview file=”https://briuswatch.org/wp-content/uploads/2017/11/ForemanVsBrius_LetterToConsumers_Redacted.pdf”]

The case alleges that during residents’ admissions process, Brius and Rechnitz concealed the fact that Brius “has a long history of being serial violators of skilled nursing industry laws” (p. 28).

It also alleges that Rechnitz “actively and intentionally concealed from [residents]… the material facts relating to the chronic understaffing” and that “this concealment… was intended to deceive… [residents] into believing that [Brius] facilities were properly staffed to induce… class members into becoming residents of [Brius] facilities” (p. 60).

The case, originally filed in Los Angeles Superior Court, is moving forward in the litigation process. Recently, residents’ attorneys from the firm of Garcia, Artigliere & Medby deposed Brius CEO Shlomo Rechnitz.

A copy of the lawsuit is available below.

[gview file=”https://briuswatch.org/wp-content/uploads/2017/11/ForemanVsBrius_3rdAmendedComplaint.2.26.15.pdf”]