fbpx CoronaVirus COVID-19 Legal Task Force | Hall Booth Smith

Coronavirus

HBS represents health care professionals and insurers in a wide range of coronavirus-related litigation, as well as regulatory matters.

OVERVIEW    |    PUBLICATIONS    |    IN THE PRESS

Overview

As businesses, schools, governments, and individuals grapple with unprecedented extended closures in an effort to disrupt the spread of coronavirus, our Coronavirus Strategic Team of attorneys is helping clients navigate the complex and unusual legal matters and business issues that arise.

Hall Booth Smith’s Coronavirus Strategic Team is a team of highly experienced attorneys with diverse skill sets, knowledge, and expertise across the disciplines most affected by the coronavirus pandemic, including medical malpractice, employment, liability, regulatory, and insurance.

Engaging experienced legal counsel as the coronavirus crisis unfolds is critical. We help clients establish best practices and protocols for handling the myriad issues that unexpectedly arise each day. We provide guidance on reviewing the legal implications of decisions that are made and documenting actions that are taken. We help gather and preserve valuable evidence that can protect their interests and help build a strong defense should litigation occur in the future.

Our Coronavirus Strategic Team represents health care facilities and long-term care centers, physicians, nurses, and other professionals who will likely face lawsuits in the coming months and years alleging misdiagnosis, negligent diagnosis, negligent care, wrongful death, and other high-exposure claims.

We also represent restaurants, hotels, retailers, sports and entertainment groups, and other businesses in the hospitality industry that may face claims by employees or customers over the spread of coronavirus, disinfecting and cleaning practices, lost revenue, layoffs, workers’ compensation claims, and other business decisions.

Our Coronavirus Strategic Team also supports clients in day-to-day business needs, emerging issues and unexpected challenges that arise when work forces are suddenly working from home for extended periods of time, including cybersecurity issues, file access, data storage and security, and best practices for minimizing exposure and risk during this global crisis.

We help clients navigate immigration, visa and work permit issues, as well as implications from global travel restrictions, border closures and mandatory quarantines for those who may be exposed to the virus.

We are closely monitoring fast-changing regulatory and legislative matters at the federal, state and local levels to help our clients remain compliant with recommendations and mandates that affect their businesses. Our team is also prepared to make proactive recommendations so clients can take advantage of government relief packages, special lending programs and other stimulus programs that may be introduced.

Our Coronavirus Task Force includes attorneys able to provide a focused approach from a variety of perspectives:

  • Long-Term Care
  • Insurance Coverage
  • Education
  • Workers’ Compensation
  • Medical Malpractice
  • Cybersecurity
  • Employment
  • General Liability / Hospitality
  • Regulatory
  • Legislative

Publications

Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity

Written by: Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans “to set higher standards for nursing homes” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes.[1] As part of its
Read More

Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute

Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and
Read More

Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health

Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for
Read More

Ten States Sue To Stop The Cms Vaccine Mandate For Healthcare Workers

Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden’s vaccine mandate keep on coming…   Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition
Read More

Third Circuit Court of Appeals Renders Jurisdictional Opinion on PREP Act in COVID-19 Case Involving Nursing Home

Written by: Sandra Mekita Cianflone, Esq. On October 20, 2021, the Third Circuit Court of Appeals issued their ruling in Maglioli v. Alliance HC Holdings LLC, Nos. 20-2833, relative to federal jurisdiction under the PREP Act. Maglioli is one of the first COVID-19 nursing home cases filed in 2020. The estates claim negligence and wrongful
Read More
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In the Press

Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity

Written by: Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans “to set higher standards for nursing homes” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes.[1] As part of its
Read More

Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute

Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and
Read More

Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health

Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for
Read More

Ten States Sue To Stop The Cms Vaccine Mandate For Healthcare Workers

Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden’s vaccine mandate keep on coming…   Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition
Read More
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