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At this point, some four years after the COVID-19 pandemic declaration, we believe that sufficient PREP Act preemption precedent has accumulated, and… ....
Norris Cunningham A host of lawsuits over the past two years involve nursing homes where patients or their estates allege that patients contracted ....
To print this article, all you need is to be registered or login on Mondaq.com. A recent case decided Feb. 10 has the nursing home industry and plaintiff malpractice attorneys clamoring over whether certain measures taken by nursing homes during the pandemic should be immune from plaintiff negligence lawsuits against nursing homes. ( See Garcia et al v. Welltower OpCo Group LLC, et al). In Garcia, the complaint accuses defendants of failing to take adequate measures to prevent the spread of COVID-19. The case was filed by the sons of a deceased facility resident. The court ruled that the plaintiff could not criticize the ....
[co-author: Genta Iwasaki] In a February 10, 2021 ruling (the “Garcia Ruling”) out of the District Court for the Central District of California (the “CDCA Court”) in the case of ., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19. Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry. ....
Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? Monday, March 8, 2021 In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of ., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19. Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability prote ....