August 20, 2025 | JacobiJournal.com — A Pennsylvania state judge signaled she will likely appoint a special master to oversee discovery in two wrongful COVID death lawsuits against Brighton Rehabilitation and Wellness Center, after more than 133,000 documents surfaced despite earlier search limits.
Judge Indicates Special Master Appointment Likely
Judge Mary McGinley of the Allegheny County Court of Common Pleas told attorneys Tuesday that she does not believe the parties can resolve their disputes without outside assistance.
“If, in a perfect world, I had confidence you could all work this out, I’d let you go, but that’s not the dynamic we’re working with here,” she said.
The families of Elizabeth Wiles and Kevin Carroll, both Brighton employees who died after allegedly contracting COVID-19 at the facility, claim the nursing home mismanaged PPE distribution and quarantine protocols during the early pandemic.
Discovery Dispute Over Massive Document Search
The court previously limited discovery to 25 search terms across certain email accounts for a six-month period. Still, the searches returned more than 133,000 results, including:
- 55,000 hits for the term “pandemic”
- 11,000 hits for “policy”
- 17,000 hits tied to the Gmail account of Brighton’s CEO
Defense counsel sought to narrow these results further, but plaintiffs argued that removing terms would undermine the search for relevant evidence of negligence in pandemic response.
Background: Past Legal Troubles for Brighton
Brighton Rehab and a related facility, Mount Lebanon Rehabilitation and Wellness Center, were previously prosecuted for falsifying staffing records and inflating patient care needs. In 2023, a jury acquitted individual defendants but convicted the corporations on charges of falsifying healthcare records.
Next Steps in the Case
Judge McGinley said that once appointed, the special master will collaborate with both sides and possibly use technology-assisted review to refine document searches. “The plan just needs to be fine-tuned,” she noted.
For more on special masters and discovery processes in complex litigation, see Cornell Law School’s Legal Information Institute.
FAQs: About COVID Death Lawsuits Discovery Disputes
What is a special master in legal cases?
A special master is a court-appointed expert who assists in managing complex tasks like discovery, evidence review, or settlement oversight.
Why is discovery such a challenge in these lawsuits?
The volume of potentially relevant documents—over 133,000—makes manual review time-consuming and costly, leading to disputes over how to narrow searches.
What are the lawsuits against Brighton Rehab about?
The suits allege Brighton mismanaged COVID-19 safety protocols, leading to the deaths of two employees, and failed to protect staff during the early pandemic.
How do COVID death lawsuits differ from other wrongful death claims?
COVID death lawsuits often involve questions about infection control, PPE distribution, and institutional negligence during the pandemic, making discovery especially complex.
Can families of healthcare workers file COVID death lawsuits?
Yes. Many COVID death cases involve healthcare workers, where families claim employers failed to provide adequate protections against exposure in high-risk settings.
What evidence is most important in proving a COVID death case?
The key evidence in COVID death lawsuits may include internal emails, PPE policies, staffing records, and medical documentation showing lapses in safety protocols.
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