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Patient Advocates Push Back Against Proposals to Provide Nursing Homes Immunity From Liability Over Coronavirus Infection Rates, Fatalities

Jun 5, 2020

The Washington Post reports on measures being passed in approximately 20 states that have granted “nursing homes immunity from most lawsuits during the coronavirus pandemic,” even if those lawsuits are related to facilities’ alleged negligence in protecting their residents from the coronavirus.” However, patient advocacy groups and plaintiffs are contesting “not whether immunity should be extended to health-care personnel, but whether those protections should also extend to nursing homes and their owners.” They argue that “troubled facilities” should remain subject to liability litigation.” The Post adds, “Watchdog groups say the industry used the coronavirus emergency to push a longstanding agenda to limit liability and lawsuits,” but “even without immunity, proving how the coronavirus slipped inside a home is difficult, plaintiffs’ lawyers say. ‘This so-called flood of litigation is simply not going to materialize,’ said Robert Sachs, past chairman of the nursing home litigation group at the American Association for Justice. ‘These are going to be very difficult cases to prove on a number of levels. The hurdles are high.’”

From the news release of the American Association for Justice.

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