Nursing homes are citing immunity laws to duck hundreds of wrongful death lawsuits

  • 📰 ABC7NY
  • ⏱ Reading Time:
  • 103 sec. here
  • 3 min. at publisher
  • 📊 Quality Score:
  • News: 45%
  • Publisher: 51%

United States Headlines News

United States Latest News,United States Headlines

More than 172,000 nursing home residents died of COVID-19. In lawsuits, some families who lost loved ones say they were misled about safety measures.

In early 2020, with reports of COVID-19 outbreaks making dire headlines, Trever Schapers worried about her father's safety in a nursing home in Queens.

"I feel that families are being ignored by judges and courts not recognizing that something needs to be done and changed," said Schapers, 48, who works in the medical field. "There needs to be accountability." Schapers alleged in a complaint to state health officials that the nursing home failed to advise her that it had admitted COVID-positive patients from a nearby hospital in March 2020. In early April, she received a call telling her the facility had some COVID-positive residents.About two weeks later, a social worker called to say that her father had a fever, but the staff did not test him to confirm COVID, according to Schapers' complaint.

While there's no full accounting of the outcomes, court filings show that judges have dismissed some suits outright, citing state or federal immunity provisions, while other cases have been settled under confidential terms. And many cases have stalled due to lengthy and costly arguments and appeals to hash out limits, if any, of immunity protection., which Congress passed in December 2005.

For the most part, that didn't work because federal judges declined to hear the cases. Some judges ruled that the PREP Act was not intended to shield medical providers from negligence caused by inaction, such as failing to protect patients from the coronavirus. These rulings and appeals sent cases back to state courts, often after long delays that left families in legal limbo.

"Different judges take different views," said Joseph Ciaccio, a New York lawyer who has filed hundreds of such cases. "It's been very mixed." Yet the home has won court pauses in at least three negligence lawsuits as it appeals lower-court rulings denying immunity under the federal PREP Act, court records show. The operators of the home could not be reached for comment. In court filings, they denied any wrongdoing.at Healthcare at Foster Creek, calling the Portland nursing home "a serious danger to the public health and safety.

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

 /  🏆 592. in US

United States Latest News, United States Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

House passes bill to add 172 acres to Jamul Indian Village ReservationIt is the second land transfer since county supervisors voted to remove opposition in 2021
Source: sdut - 🏆 5. / 95 Read more »

Sean Dougherty in the race for Pa. House District 172It would be wrong to disqualify Dougherty — a nephew of the former labor leader who has twice been convicted in federal felony trials — simply because of his family name.
Source: PhillyDailyNews - 🏆 89. / 67 Read more »

Shiba Inu Burn Rate Skyrockets by 172% as SHIB Price ReboundsSurge in burn rate coincides with robust rebound in SHIB price
Source: Utoday_en - 🏆 295. / 63 Read more »

Government shouldn’t micromanage nursing homesThe Biden administration published regulations last month requiring most nursing homes to maintain specific staffing levels. As a result, roughly three in four nursing homes will have to hire additional personnel. Progressives argue the rules will lead to better care.
Source: dcexaminer - 🏆 6. / 94 Read more »

Nursing homes wield pandemic immunity laws to duck wrongful death suitsSome families who lost loved ones say they were misled about safety
Source: ABC - 🏆 471. / 51 Read more »

As some nursing homes cry poverty, what can be done about increased staffing requirements?Some nursing homes cry poverty while using complex financial arrangements to shield profits. How can California enforce new federal staffing requirements?
Source: latimes - 🏆 11. / 82 Read more »