Illinois Nursing Home Denied Judgment On The Pleadings In 2 COVID Death Cases

Mealey's (March 24, 2022, 11:58 AM EDT) -- CHICAGO — A federal judge in Illinois on March 22 denied a nursing home’s motion for judgment on the pleadings in two cases stemming from residents’ COVID-related deaths, finding that family members can bring a claim for willful and wanton conduct, that the facility is not immune from suit under the Public Readiness and Emergency Preparedness (PREP) Act and that “the facts aren’t sufficiently developed to decide whether defendant is entitled to immunity” under an executive order issued by the Illinois governor that provides partial civil immunities to nursing homes for COVID-related deaths and injuries....