Pennsylvania Court: Wrongful Death Statutory Claims Not Controlled by Arbitration Agreement

In the latest case to address the effect of mandatory arbitration provisions in nursing home contracts, the Pennsylvania Superior Court (an intermediate court of appeals) has concluded as a matter of first impression that a wrongful death claim is not controlled by the contractual language.  Tracking the history of Pennsylvania’s statute and distinguishing survival claims from wrongful death claims, the court concluded that “wrongful death actions are derivative of decedents’ injuries but are not derivative of decedents’ rights.”  Therefore, the arbitration agreement, signed by the resident’s daughter as an agent, was not binding on the other claimants under Pennsylvania’s wrongful death statute.  The agent/daughter had expressly disclaimed and renounced any rights to a recovery from the wrongful death claim, and therefore was not a claimant in the suit. 

The decision offers discussion of “extra-jurisdictional authority” on the effect of other states’ wrongful death statutes on arbitration agreements, including decisions in Texas, Florida, Washington, Mississippi, Utah, Illinois, Missouri, and Ohio.

For the full opinion in Pisano v. Extendicare Homes, Inc, issued August 12, 2013, see here.

Hat tip to Jeffrey Marshall, Esq. for alerting us on this interesting decision.

– Katherine C. Pearson, Penn State Law