8 results for 'cat:"Wrongful Death" AND cat:"Covid-19"'.
J. Ransom quashes this court's preliminary writ of mandamus in a wrongful death suit against a rehab center. The patient's family contract with the rehab center for a private room, but placed the patient with a roommate in November 2020, causing her to contract Covid-19 and die. There is no merit to the center's claim that the suit is barred by the Public Readiness and Emergency Preparedness Act, as the complaint never mentions the center's Covid-19 testing procedures as contributing to the patient's death.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: March 5, 2024, Case #: SC100099, Categories: Immunity, wrongful Death, covid-19
Per curiam, the appellate court grants the estate’s motion to dismiss this interlocutory appeal brought by the health care facility, challenging the trial court’s denial of its combined motions to dismiss and for summary judgment in the underlying wrongful death suit. The cause of death for the 78-year-old woman who was recovering from hip surgery was officially Covid-19. A relevant “pandemic liability statute” cited by the facility does not extend an appellate court’s jurisdiction to an interlocutory order from a ruling denying a motion based on the statute’s affirmative defense.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 09-23-00249-CV, Categories: Health Care, wrongful Death, covid-19
J. Colloton finds a lower court properly remanded an estate representative's wrongful death claims to state court. The estate representative argued that a nursing home failed to prevent his decedent from contracting Covid-19 by failing to quarantine infected residents. However, the court lacks subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 28, 2023, Case #: 22-2757, Categories: wrongful Death, covid-19
J. Hutchinson answers in the affirmative the certified question of whether an executive order under which the nursing home seeks immunity provides “blanket immunity for ordinary negligence [claims] to healthcare facilities that rendered assistance to the state during the Covid-19 pandemic.” The question comes from several wrongful-death suits where each decedent passed from complications during the pandemic and alleges that the nursing home negligently failed to control the spread. The court of appeals modifies the question as follows: “Does [the] Executive Order … which triggered the immunity … grant [it] for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?” The question is not what the executive order says but what the relevant statute invoked by the order says, which is clear that, except for willful misconduct, any “private person, firm or corporation” who renders “assistance … at the request of the State during [a] disaster shall not be civilly liable for causing the death of, or injury to, any person.” Remanded.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: August 17, 2023, Case #: 2-22-0180, Categories: Health Care, wrongful Death, covid-19
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J. D'Auria finds the lower court properly denied the nursing home's motion for summary judgment on the estate's wrongful death claims. Although executive orders issued during the Covid-19 pandemic extend immunity to medical providers for good faith treatment efforts, that immunity does not reach the treatment at issue in this case, which was detached entirely from the Covid-19 virus. While the nursing home provided evidence of staffing shortages and other shortcomings that might apply under the "lack of resources" subsection of the executive orders, it failed to show how any of the difficulties directly affected treatment of the decedent after her fall and subsequent transfer to a hospital. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: August 8, 2023, Case #: SC20767, Categories: Immunity, wrongful Death, covid-19
[Consolidated.] J. Ecker finds that the lower court properly granted the hospital and doctors' motion for summary judgment on state law medical malpractice and wrongful death claims brought by the estate of the woman who died of cardiac arrest during the Covid-19 pandemic because the providers were entitled to immunity under the executive orders issued during the pandemic. Although the patient had a history of heart problems and some symptoms of a heart attack when she was admitted for treatment, the information known about Covid-19 at the time gave the providers a good faith belief she was suffering from a Covid-related ailment and not any heart issue, which rendered them immune under the executive orders. However, because the type of immunity afforded under the Public Readiness and Emergency Preparedness Act is much narrower and does not cover the actions taken by the doctors after the decedent's negative Covid-19 test, those claims will be reinstated. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: August 8, 2023, Case #: SC20763, Categories: Immunity, wrongful Death, covid-19
J. Hillman dismisses federal claims contending the county denied a prison guard's request to leave work early when he was not feeling well and failed to prevent him from contracting Covid-19. The estate failed to sufficiently allege that the county officials' refusal to allow the guard to leave constituted the primary cause of his eventual death, but the estate may amend the claims in light of well-documented problems at the county jail.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 27, 2023, Case #: 1:22cv6372, NOS: Other Civil Rights - Civil Rights, Categories: Employment, wrongful Death, covid-19