Injury Attys Undaunted By COVID-19 Nursing Home Immunity

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ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.


As a number of states have enacted emergency orders and laws to shield nursing homes from coronavirus-related civil suits, plaintiffs attorneys say they won’t be stopped from filing suits thanks to immunity exceptions and potential constitutional challenges.

Lawmakers in states that were hit hard early on in the COVID-19 pandemic, such as New York, New Jersey and Massachusetts, were quick to enact executive orders or legislation to provide health care providers with a liability shield so they could give much-needed treatment without the fear of getting sued.

“Everything can be challenged in court but certainly the statutes will stand the test of time a little bit better,” said Tiger Joyce, president of the American Tort Reform Association. “They reflect a broader perspective as they are enacted by a number of lawmakers, not just a single governor.”

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.