William P Keefer

May 09, 2022 | New York Law Journal

A recent decision out of the Ninth Circuit has held that the PREP Act does not provide federal courts jurisdiction over nursing home wrongful death claims. However, "the unique crisis presented by the COVID-19 pandemic, and the lack of clear information, resources, treatment options and guidance from public health authorities that was available at the time, may provide some help to nursing homes defending their care and treatment of residents in their charge."

By Eric M. Kraus and William P. Keefer

8 minute read