Illinois Healthcare Facilities Get Court Wins in COVID-19 Cases

October 31, 2023

Despite the liability protections for healthcare facilities put in place during the pandemic, hundreds of claims have been filed against nursing homes and long-term care operators in Illinois. Defendants have secured some recent victories in circuit and appellate courts on the issue of immunity from alleged negligence in cases involving individuals who contracted COVID-19 while residing in these facilities.
If you’ll remember back to the start of the pandemic in April 2020, Governor Pritzker issued an Executive Order (EO 2020-19) that granted immunity from civil liability for COVID-19 related injury or death that occurred when rendering assistance at healthcare facilities unless it could be established that the injury or death was caused by gross negligence or willful and wanton misconduct. EO 2020-19 remained in effect until the public health emergency was lifted on May 11, 2023.
Rulings in court cases in DuPage and Kane counties have upheld the constitutionality of EO 2020-19 and that the healthcare facilities qualified for immunity against negligence claims because they rendered assistance to the state during COVID-19.

ISMIE will continue to monitor court activity of COVID-19 related cases in Illinois.
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