McKnight’s Long-Term Care News: Drew Graham on Consequences of Third Circuit Decision Regarding NJ Nursing Homes

In an article published in McKnights Long-Term Care News on October 22, 2021, Drew Graham, Hall Booth Smith Partner and Leader of the firm’s Aging Services and Long-Term Care practices, is extensively quoted discussing this week’s U.S. Court of Appeals for the Third Circuit decision that two New Jersey nursing homes could be sued in state court on claims from families of four patients who died in the early days of the COVID-19 pandemic. In an interview with McKnights, he told the publication that the decision “means that providers now run the risk of more inconsistent application of immunity provisions if cases are left to state courts.”

In a Hall Booth Smith press release earlier this week, Drew noted, “Like other parts of the national effort against the pandemic, healthcare facility resources are best focused on their residents’ well-being during this difficult time. We are disappointed by the Third Circuit’s ruling today. However, we are confident that the state courts will uphold the law and provide our frontline workers who are working night and day to protect their patients from COVID-19 with immunity from suit and liability, as is provided under the PREP Act.”

To view the full article in McKnights Long-Term Care News, click here.