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Settlement reached in Katrina class action lawsuit
Class Action | 2011/03/24 09:53

A major New Orleans hospital and the company that owned it have settled a class action lawsuit in the deaths and injuries of patients who were stranded there during and after Hurricane Katrina.

The settlement was reached Wednesday as lawyers were picking a jury to hear the case. The agreement is subject to court approval, which attorney Joe Bruno, who represented one of the families suing the health providers, said should come in a few weeks.

Kurt Blankenship, a lawyer for the defendants, said the parties agreed to keep the terms of the settlement confidential.

"This has been a long and difficult situation for all concerned," Blankenship said in a statement.

About 2,000 patients, medical workers and other staff were stranded at Memorial Medical Center — which was owned by Tenet Health Systems — after the 2005 storm. Officials eventually recovered 45 bodies from Memorial.

The class-action lawsuit was brought on behalf Leonard Preston's relatives; of other people who were patients at the hospital; and of others whose relatives died or were injured there during the hurricane and the flooding that ensued. It claims Tenet was not prepared to care for the patients as conditions in the city deteriorated and that there was no valid plan to evacuate the patients, both of which led to deaths at Memorial.

Katrina left 85 percent of New Orleans flooded, including the area around the hospital. The lower level of the medical center was under 10 feet of water. Electrical power and communications failed; temperatures inside the building soared above 100 degrees. Food and water were limited. Many of the dead succumbed to dehydration as they waited for four days for boats and helicopters to rescue them.

The current lawsuits have nothing to do with earlier criminal charges brought against a doctor and two nurses, Bruno said.




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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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