COVID-19 caused unprecedented disruption to many facets of modern society. Five years later, the impact of the pandemic is still felt throughout courts as judges and lawyers navigate complexities surrounding the Illinois Emergency Management Agency Act and the courts’ responsibility to uphold justice.
Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored a column for Chicago Lawyer Magazine titled “Covid Chaos Still Lingering in the Courts,” which analyzes the impact of the latest Illinois Supreme Court ruling that broadly interpreted and applied a COVID-19 executive order originally signed by Governor J.B. Pritzker in 2020. Under certain circumstances, the order granted tort immunity to nursing homes and healthcare facilities.
When it comes to interpreting Executive Order 2020-37, Mr. Clifford raises concerns surrounding a plaintiff’s ability to seek accountability for negligence and the balance between protecting healthcare facilities and ensuring the safety and well-being of vulnerable patients.
“The court leaned heavily on the plain language in Pritzker’s order, which plaintiffs had argued was ambiguous as to when providers could claim immunity for negligence in civil cases.”
Decisions surrounding this order heavily rely on the court’s interpretation of the law and the circumstances of the pandemic within specific facilities. Mr. Clifford explains that the ambiguous language of the order has formed a legal gray area, allowing defendants to exploit the law, which should have provided only limited immunity over a short time span.
Regarding this Illinois Supreme Court ruling, Justice Lisa Holder White wrote for the majority that acts of willful misconduct did not fall within the scope of immunity provided by Governor Pritzker’s order. However, the Second District Appellate Court ruled in favor of the defendant. Additional concerns surrounding applicable Nursing Home Care laws, raised by Justice Joy Cunningham in a vigorous dissent, also came into question. For now, the case has been remanded to the circuit court to determine the relevancy of the Nursing Home Care Act laws.
Click here to read the full article.