USA: Delaware Nursing Home Denied Early Appeal in Covid-19 Death Case

Bloomberg…

A Delaware nursing home must defend Covid-19 wrongful death claims in a state trial court after it lost a bid to certify an early appeal from the denial of its motion to dismiss the suit.

The trial court’s denial of dismissal appears to be the first opinion in Delaware to address a health-care provider’s immunity under the federal Public Readiness and Emergency Preparedness Act, the Delaware Superior Court said. It’s also one of the first state-court decisions nationwide to address a question that’s likely to become common, now that several federal courts have said they don’t have jurisdiction to consider …

Read more at  https://news.bloomberglaw.com/pharma-and-life-sciences/delaware-nursing-home-denied-early-appeal-in-covid-19-death-case