Texas House Passes Pandemic Liability Protection Act
More Emerging Litigation Claims and Demands from COVID-19
At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more
On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to...more
Recent legal developments in Alabama demonstrate that fertility care stakeholders should prepare for additional state regulation of in vitro fertilization (“IVF”) and other assisted reproductive technology (“ART”) services in...more
I. Alabama Legislation Following LePage - On March 7th, the Alabama Legislature passed SB159 (“SB159” or the “bill”), as a means of granting certain protections to IVF clinics and providers in the wake of the LePage v....more
Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be deleted. ...more
Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more
Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v....more
Wunderly v. St. Luke’s Hospital et al., 2023 WL 3993737 (Pa. Super. Jun. 14, 2023) - The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence. The...more
The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more
On February 22, 2022, the Ninth Circuit ruled a COVID-19 wrongful death suit brought against a nursing home is not preempted by a federal health emergency law. The court affirmed a district court’s remand order which stated...more
Patients, politicians, and regulators may find it tough to believe, so they need sharp periodic reminders: While there are many terrific, dedicated doctors working today, there also are some truly terrible ones. And dealing...more
Texas businesses watched the 2021 Texas legislative session closely for the potential pandemic liability relief provided in Senate Bill 6 (SB 6), or the Pandemic Liability Protection Act. With the passage of SB 6, Jackson...more
Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
Losing a loved one without warning can be heartbreaking. Losing someone in a tragic incident caused by another person or entity's negligence can be even more painful. Unfortunately, this happens all too often—both in Delaware...more
This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more
The Covid-19 pandemic has taken a terrible toll on residents of nursing homes and other long-term care facilities nationwide. Federal and state regulators have bungled their response, failing to safeguard residents. Governors...more
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more
ethikos 34, no. 5 (May 2020) - The March 19 issue of The Economist discusses the stark choice ahead for healthcare workers, executives, and civic leaders to either suppress the infection rate through extreme lockdown...more
There are more than 15,600 nursing homes in the United States, according to the most recent statistics. And more than 1.3 million residents live in these facilities. Most nursing homes provide excellent care to elderly or...more
Recently, the 1st District Appellate Court affirmed that the “wrongful act, neglect or default causing death” is the cause of action, not the death itself. Therefore, unless the decedent has a cause of action at the time of...more
On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more
Mrs. Skounakis died of a coronary artery occlusion after being prescribed an unusual combination of drugs (phendimetrazine and liothyronine) by Dr. Sotillo for weight loss. Her husband sued Dr. Sotillo for malpractice. What...more
Health care was among the occupations that saw the largest declines in fatal work injuries in the most recent year federal data is available, according to the U.S. Bureau of Labor Statistics. It recently released statistics...more