When the country went into lockdown with the COVID-19 pandemic in 2020, people were scared. At first, they were not sure what COVID was and how it was affecting people. But then time went on, and people started dying at sky-high rates.
Nursing homes were especially hit hard. More than 172,000 nursing home residents died of COVID-19. This resulted in numerous wrongful death lawsuits, with families claiming lies and negligence. Many of those who lost loved ones say they were misled about safety measures. Some were even told that COVID wasn’t a danger in their facilities.
One woman watched her father celebrate his 90th birthday at a nursing home in New York in February 2020. Three months later, he was dead. He developed a fever and was taken to a local hospital. He tested positive for COVID. He spent two weeks on a ventilator before dying in May 2020.
In 2022, the distraught daughter sued the nursing home for negligence and wrongful death. However, a judge dismissed the case due to a New York state law that was passed shortly after the pandemic started. It granted immunity to nursing homes and medical providers for “harm or damages” while treating COVID. The woman is appealing the decision, but the nursing home claims that the woman provided no evidence that the nursing home was “grossly negligent” in treating her father.
This is not the first time that a lawsuit has been tossed out of court. There have been hundreds of lawsuits blaming patient deaths on negligent care in nursing homes that have been tossed out or left languishing in the courts. Even the nursing homes that were shut down for safety violations are claiming immunity against these lawsuits.
In the case mentioned above involving the daughter and her father, the daughter was kept in the dark about the effects of COVID on the nursing home. The nursing home failed to advise her that some of the residents had tested positive for COVID in March 2020. She did finally receive a call in April, but the nursing home was not very forthcoming with any information she requested. They refused to answer the woman’s questions. Two weeks later, the woman received a call from a social worker telling her that her father had a fever. However, he was not tested for COVID.
The problem is that federal health officials and lawmakers in most states granted nursing homes broad protection from lawsuits for good faith actions during the COVID pandemic. However, the
lawsuits allege that nursing homes did not secure enough protective gear or tests for employees and residents and mixed COVID-positive patients with those who did not have the disease. The nursing homes also failed to follow strict infection control protocols and lied to families about the severity of COVID outbreaks in the facilities.
The families of these nursing home patients trusted these facilities to take care of their loved ones, and that trust was betrayed. The family members faced a lot of grief and emotional heartache.
More than 1,100 COVID-related lawsuits alleging negligence and wrongful death or other negligent care were filed against nursing homes between March 2020 and March 2024.
Court filings show that judges have dismissed some suits, citing state or federal immunity provisions. Many cases have stalled due to lengthy and costly arguments and appeals. Very few cases have been settled under confidential terms.
Nursing homes defended themselves by citing the federal Public Readiness and Emergency Preparedness (PREP) Act, which was passed by Congress in 2005. The law grants liability protection from claims for injuries or deaths tied to national emergencies. The PREP Act steps in when Health and Human Services declares a public health emergency. This happened with COVID on March 17, 2020. The order expired on May 11, 2023.
The law did carve out an exception for willful misconduct, but proving it is not easy. Even when nursing homes have long histories of violating safety standards, it can be challenging to find adequate evidence.
At least 38 states have granted medical providers at least some degree of immunity, but it is hard to tell just how much legal protection the laws were intended to provide. Nursing homes have responded to many negligence lawsuits by asking for dismissal under the PREP Act. However, this does not always work, with some judges ruling that the PREP Act was not intended to shield medical providers from negligence caused by inaction. For example, failing to protect patients from the coronavirus would not be covered by the PREP Act. There have been numerous long delays as well as appeals sending cases back to state courts. This has been devastating for families looking to get their day in court and get justice.
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The COVID pandemic is not an excuse to let people in your care die. Nursing homes should have been extra careful during this time.
Brill & Rinaldi, The Law Firm. Florida is ready to assist those who have lost a loved one through
Schedule a free consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.