Illinois Federal Judge Denies Motion To Dismiss Nursing Home COVID-19 Death Case

Mealey's (April 13, 2021, 12:15 PM EDT) -- CHICAGO — Whether an executive order the Illinois governor issued in response to the pandemic shields a nursing home from liability in a resident’s COVID-19 death involves a factual question that cannot be answered at this stage, an Illinois federal judge ruled April 1, denying a motion to dismiss a negligence claim filed against the facility under the Illinois Nursing Home Care Act.  The judge also declined to dismiss a claim for willful and wanton misconduct under the act....