In a wrongful death action brought under the Federal Nursing Home Reform Amendments, district court judgment finding no right of action under the statutes and dismissing the case is reversed and remanded where it is clear that Congress intended to create individual rights in drafting and adopting the Amendments and plaintiff's mother falls squarely within the zone of interest the provisions are meant to protect. In addition, 42 U.S.C. sec. 1983 provides the proper avenue for relief for the statutory provisions which plaintiff seeks to enforce, as defendant has failed to demonstrate that Congress foreclosed that option by adopting another, more comprehensive enforcement scheme.
Appeal from the United States District Court for the Western District of Pennsylvania.
Filed on JUNE 30, 2009
Before SMITH and NYGAARD, Circuit Judges, and STAFFORD, District Judge.
Opinion by NYGAARD, Circuit Judge.