COVID Litigation Against Long-Term Care Facilities: Plaintiff and Defense Strategies in State and Federal Court
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss whether and how nursing homes, senior living, and long-term care facilities could be required to compensate residents or employees for COVID-related injuries. The program will identify what claims are being brought against which entities or individuals, which claims seem to have legs and why, the problems of causation and damages, and what defenses and defense strategies have or have not proved effective. The program will review how these cases are faring in state and federal court, and address plaintiff and defense perspectives and strategies.
Outline
- Defining a viable COVID-related claim
- State immunity statutes
- Applicability of PREP Act
- Damages
- Types of damages
- Calculation of damages
- Strategies for plaintiffs
- Strategies for defendants
Benefits
The panel will discuss these and other key issues:
- How can plaintiffs establish causation?
- Does the type of facility and level of care matter when seeking damages for COVID-related injuries?
- What states have the most and least protections for defendants?
- What defenses and defense strategies have been effective?
- How had increased government enforcement impacted strategy in private litigation?
- What are the risks and associated mitigation techniques for handling simultaneous litigation and government enforcement activity?
Faculty
Thomas H. Barnard
Shareholder
Baker Donelson Bearman Caldwell & Berkowitz
Mr. Barnard is the former vice chair of the firm’s Government Enforcement and Investigations Group with first... | Read More
Mr. Barnard is the former vice chair of the firm’s Government Enforcement and Investigations Group with first chair criminal and civil trial experience. Outside of the courtroom, he regularly serves as the representative for individuals and corporations while interacting with the government in a wide variety of scenarios. With a primary focus on advising clients in response to government investigations, he offers full-spectrum legal services to entities and individuals involved in any phase of government investigations including Congressional Investigations and coordination efforts with the government where clients are not the focus of the inquiry. Mr. Barnard offers in-depth experience with qui tams under the False Claims Act as well as federal and state investigations, with a large portion of his practice serving organizations and professionals in the health and defense industries. Other areas of practice include government contracts and procurement fraud; cybersecurity; national security; military law; defending law enforcement in civil rights litigation; and general commercial litigation and trial experience.
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Michael A. Brusca
Partner
Davis & Brusca
Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death,... | Read More
Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death, catastrophic injury, negligence and abuse claims arising in nursing homes, assisted living facilities, psychiatric facilities, hospitals, boarding and group homes. He is a frequent lecturer to lay organizations and fellow attorneys at the state and national level on topics such as facility selection, resident care, litigation, trial practice, and technology issues.
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Ryan Goodwin
Attorney
Patrick Jackson
Mr. Goodwin practices in the Shreveport, LA area. He began his career as a medical malpractice defense lawyer but... | Read More
Mr. Goodwin practices in the Shreveport, LA area. He began his career as a medical malpractice defense lawyer but switched over to the plaintiff's side. He recently obtained a plaintiff verdict in a lost chance medical malpractice case (currently pending on appeal).
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Karen M. Shimonsky
Managing Partner
Quintairos Prieto Wood & Boyer
Ms. Shimonsky primarily handles health care defense litigation including both long term care cases and medical... | Read More
Ms. Shimonsky primarily handles health care defense litigation including both long term care cases and medical malpractice cases. She also assists health care companies with other issues that inevitably arise in the industry including navigating regulatory issues, developing and implementing proactive risk management protocols, and providing general legal guidance as technical legal issues arise. Outside of the health care industry, Ms. Shimonsky handles products liability cases, complex business disputes, general professional malpractice including representing clients in administrative board matters, and a variety of diverse issues depending on her clients’ needs.
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