A Texas federal judge ruled that a nursing home that refused to follow recommended Covid prevention measures may be held liable for the death of a resident. The nursing home claimed it was immune from suit because of a statute that grants immunity to companies that respond to a national public health emergency. The federal judge found that the lawsuit was not questioning the nursing home’s actions in responding to the public health emergency. Instead, the nursing home’s failure to act was the basis of the lawsuit. The court found that there is no immunity for a nursing home that fails to follow recommended procedure to protect its residents. A copy of the Order is attached below:
The LaGarde Law Firm has experience in lawsuits against defendants that claim immunity from suit under state and federal law. If you have a claim against a company in Texas, Florida, or Louisiana that claims it is immune from suit, feel free to contact our firm for a free consultation. Call toll free at 1-866-LAGARDE (1-866-524-2733), or if you prefer, fill out the form on our CONTACT US page.