Bell v. Marrakech Inc.
Business entities that are not licensed or supervised by the Department of Public Health may not qualify as "health care providers," for purposes of Connecticut General Statutes §52-190a(a). In November 2010, the plaintiff's decedent, Carolyn McFadden, who was developmentally disabled, allegedly choked on food and passed away. The plaintiff estate administrator sued Marrakech Inc. and the Vantage Group Inc., which managed vocational and residential services at Stonybrook, a care facility. The defendants moved to dismiss counts alleging that they were negligent and argued that the plaintiff estate administrator submitted a written opinion from a "similar health care provider" that did not meet the requirements of C.G.S. §52-190a(a). The plaintiff estate administrator objected that the defendants are licensed as "public charities" and do not qualify as "health care providers," for purposes of C.G.S. §52-190a(a). The court found that the plaintiff proved that the defendants are licensed as public charities and that the defendants are not licensed or supervised by the Department of Public Health. The defendants did not qualify as "health care providers," pursuant to C.G.S. §52-190a(a), and the court denied their motions to dismiss.