Oldenburg and Boeckman Part of Litigation Team that Secures Confirmation from Illinois Supreme Court of Immunity for Healthcare Facilities and Providers During COVID-19 Pandemic
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In a huge win for healthcare facilities and providers, this morning the Illinois Supreme Court upheld the immunity promised by Governor Pritzker to front-line health care providers who rendered assistance and aided in the State’s response to the COVID-19 pandemic.
The Court answered the following question posed and answered by the Second Circuit:
“Does Executive Order 2020-19, which triggered the immunity provided in 20 ILCS 3305/21(c), grant immunity for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?”
Section 3 of Executive Order 2020-19 provides, “during the pendency of the Gubernatorial Disaster Proclamation, Health Care Facilities…shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by the Health Care Facility, which injury or death occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak.” The Supreme Court upheld that the Executive Order applies except for injuries or death caused by gross negligence or willful misconduct.
In examining the plain language of Executive Order 2020-19, the Court found there is no requirement for the negligence at issue to related to COVID-19. Considering the novelty and uncertainty that surrounded COVID-19, the Court found that a broad reading of the Executive Order is appropriate and that it is not ambiguous. After nearly four years of litigation, the Court clearly affirmed the immunity and returned the case to the Circuit Court for an evaluation of remaining issues.
It should be noted that the issue before the Illinois Supreme Court specifically was brought by a healthcare facility. However, the language of the Executive Order provides the same immunity to healthcare providers and healthcare volunteers, who would be entitled to the same protection.
HeplerBroom's Anne Oldenburg and LaDonna Boeckman are part of the original litigation team that has been working on these matters since the summer 2020 when the initial COVID-19 lawsuits were first filed.
