Motion for Retrial
We have strongly disagreed with this verdict from the moment it was rendered, and recently learned that serious and blatant juror misconduct occurred during Trial.
In an effort to address this severely prejudicial misconduct, the Defendants filed a Motion for Mistrial / Motion for New Trial in the Humboldt County Superior Court on August 6, 2010. Additionally, we have filed a Motion for Continuance of Trial, requesting that the remaining phases of Trial be continued until such time as the Motion for Mistrial / Motion for New Trial has been decided.
Following the $670 million verdict against the Defendants, the jury was released from further service. Our subsequent investigation exposed (1) concealed bias by a juror; (2) numerous false statements on a jury questionnaire by a juror, which was filed under penalty of perjury; and (3) a failure to fully and completely answer questions asked under oath by a juror resulting in the non-disclosure of critical information. The investigation specifically revealed that a juror concealed blatant bias against the Defendants which stemmed from pretrial familiarity with a Defendant facility and a member of the Plaintiff class who was listed in the jury questionnaire as a potential witness. Our investigation further identified open hostility towards Defendants, as well as an improper attempt to introduce external information in deliberations. This prejudicial misconduct is supported by the declarations of two other jurors and also by a third individual. A separate motion was filed on August 5, 2010 asking the court to maintain the confidentiality of these juror Declarations.
Both the United States and California Constitutions require that all parties be given a fair trial before an impartial jury. Defendants were deprived of this right. Concealment of bias by a juror is a serious matter which severely prejudiced the Defendants in this case and undoubtedly contributed to the annihilating verdict of approximately $670 million.
The Defendant facilities are appropriately staffed and thoroughly regulated. The Skilled Healthcare team is passionate about the provision of quality care to patients in safe and secure environments and we are proud of the fact that tens of thousands of families have placed their loved ones in the care of our facilities. We continue to strongly disagree with the verdict and believe that the juror misconduct which occurred in this case deprived the Defendants of their constitutional right to trial before an impartial jury and will result in a new trial under well established law.
No matter what the outcome of our efforts to address this shocking verdict, we remain committed to our philosophy to make a difference – every day, every time.
Letter from the CEO
The Skilled Healthcare team is passionate about the provision of quality care to patients in safe and secure environments. We are proud of the fact that tens of thousands of families have placed their loved ones in the care of facilities we serve.
That's why we are deeply disappointed with the verdict in a recent class action lawsuit that was designed to generate millions of dollars in legal fees and costs for the plaintiffs' attorneys who filed the suit. We strongly disagree with the verdict and we will continue to carefully evaluate every legal alternative to appeal it.
As we evaluate our response, I want to reassure our patients, their families and our employees that it is business as usual at facilities served by Skilled Healthcare. During this period, there will be no interruption of services, business activities, or the critical care they provide. Read More
