Christopher J. Tellner,left, and Gregory F. Brown,right, of Kaufman, Dolowich & Voluck. Courtesy photos Court Allows COVID-19 Negligence Claim to Proceed Against Long-Term Care Facility
In a surprising ruling for nursing facilities throughout Pennsylvania and elsewhere, the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss a complaint against a nursing home alleging negligence in protecting residents from COVID-19 in the early days of the pandemic.
October 13, 2022 at 01:11 PM
6 minute read
In a surprising ruling for nursing facilities throughout Pennsylvania and elsewhere, the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss a complaint against a nursing home alleging negligence in protecting residents from COVID-19 in the early days of the pandemic. In doing so, the court determined that the federal Public Readiness and Emergency Preparedness Act of 2005 (PREP Act) and Gov. Tom Wolf's March 2020 order pursuant to the Pennsylvania emergency management services code (PEMSC order) do not immunize nursing homes and other similar facilities from negligence claims.
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