U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home

The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.  Last August, the Pennsylvania Superior Court ruled in Pisano v. Extendicare that the state’s wrongful death statute creates a cause of action that is separate and independent from any personal injury claims that are properly subject to arbitration under a broad agreement that was signed by the decedent’s daughter.  According to Wisconsin-based Extendicare, the decision merited review by the nation’s high court because of a split among the states and within Pennsylvania.  Courts in a number of states, including Texas, have ruled that an agreement to arbitrate claims with a long-term care facility also applies to a wrongful death cause of action.  Other states, such as Ohio and Missouri, agreed with the Pennsylvania court and found that a party may not compel a wrongful death suit to arbitration.