Family fights to keep first PA COVID-19-related wrongful death case alive in federal court

A deceased Philadelphia area man’s family recently filed Pennsylvania’s very first COVID-19-related wrongful death and survival suit against his former employer—a titan of the beef-processing industry—in the Philadelphia Court of Common Pleas. The lengthy complaint (which made claims for negligence, fraudulent misrepresentation, intentional misrepresentation, wrongful death, and survival) alleged unsafe conditions at the plant (e.g., working in tight quarters without proper personal protective equipment or PPE), resulted in the man contracting the virus. Since its filing, the parties have been aggressively litigating whether it belongs in state or federal court and now whether the district court should dismiss the case altogether. The case is a must-watch for Pennsylvania employers because the outcome will influence whether employees or their families flock to file similar suits in the future, as well as their likelihood of success.

Facts

On April 3, Enock Benjamin, a union steward for the JBS meat processing plant in Souderton, died at home from respiratory complications related to COVID-19. He had been experiencing symptoms since at least March 27. His family sued JBS USA Food Company, JBS USA Holdings, Inc., JBS Souderton, Inc., and Pilgrim’s Pride Corporation (referred to here collectively as JBS) for his death on May 7.