Federal Court Sends COVID-19 Wrongful Death Lawsuit Back to State Court, Challenging Immunity Protections for Assisted Living Facilities
A recent ruling by a federal court has returned a COVID-19 negligence and wrongful death lawsuit filed against a Florida assisted living facility to state court. This ruling determined that the case does not qualify for federal protections provided during the pandemic, marking an important moment for similar cases involving long-term care providers across the country.
In a 2-1 decision, the US Court of Appeals for the Eleventh Circuit sided with the family of Sara Schleider, a resident of Grand Villa of Delray Beach East who died of COVID-19 in June 2020. Schleider’s family filed the lawsuit in Florida state court, arguing that Grand Villa’s alleged negligence — including a lack of personal protective equipment (PPE) and other infection prevention measures — contributed to her death. They named both Grand Villa’s management and operational companies, GVDB Operations LLC and JSMGV Management Company LLC, in the lawsuit.
The lawsuit made its way to the federal level after Grand Villa argued that it was operating under federal guidance during the pandemic, claiming immunity under the Public Readiness and Emergency Preparedness (PREP) Act. The PREP Act was introduced to protect healthcare providers from liability when prioritizing countermeasures like vaccines, especially in line with public health mandates. Grand Villa contended that it was a “critical healthcare infrastructure” provider working under federal oversight.
Despite these arguments, the district court ruled that simply following federal guidelines did not mean that Grand Villa was acting as an agent of federal authority. As a result, the court remanded the case back to Florida state court. Grand Villa appealed, yet the Eleventh Circuit upheld the district court’s ruling. They emphasized that federal compliance does not necessarily provide blanket immunity and that the PREP Act does not preempt state negligence claims in every circumstance.
While the PREP Act was meant to offer liability protection to healthcare providers, particularly in unprecedented circumstances like the COVID-19 pandemic, courts have varied in how they apply this law. In this case, the majority opinion argued that Grand Villa’s compliance with certain federal guidelines did not automatically make it immune to state claims. However, the dissenting judge felt differently, asserting that the case should indeed be covered by the PREP Act. This disagreement underscores the complexities of applying federal protections to private health providers amid a public health crisis.
The decision on this case is part of a larger pattern of similar lawsuits being returned to state courts despite claims of federal protection. For instance, earlier this month, a Nevada state court concluded that the PREP Act did not apply to a lack of action or preventative measures, ruling that senior living providers were not immune under the Act for alleged failures to implement COVID-19 policies. Many other courts, both state and federal, have echoed this sentiment, emphasizing that inaction does not merit the same protection as active compliance.
Other courts around the country have remanded cases involving senior living facilities to state courts, particularly after the U.S. Supreme Court declined to hear a case on whether COVID-19 negligence lawsuits should be heard at the federal level. This has led to a patchwork of decisions where some cases are seen as fitting under the PREP Act’s protections while others fall under state jurisdiction. The Florida Agency for Health Care Administration has also previously flagged Grand Villa for deficiencies in multiple areas, including staffing, training, dining services, and resident neglect. These issues, dating back to a 2015 settlement to avoid license revocation, raise concerns about the facility’s historical commitment to resident care and safety.
This ruling in the Eleventh Circuit signals to healthcare providers and their legal teams that compliance with federal guidelines is not an automatic shield against state law claims. Facilities hoping to use the PREP Act’s immunity in similar lawsuits may face hurdles, especially when plaintiffs argue that a lack of action contributed to preventable deaths.
For families seeking justice, this case emphasizes the importance of state courts as venues for wrongful death claims related to COVID-19. State courts can hold facilities accountable for potential negligence that federal guidelines alone may not sufficiently address.
For those who have lost loved ones in similar circumstances, understanding how these cases play out in court can offer valuable insights. In particular, this situation is relevant for families in Meridian. A Meridian wrongful death attorney can help families understand their rights and navigate complex cases involving healthcare negligence, especially when federal immunity protections like the PREP Act come into question. Whether facing state or federal obstacles, having a skilled attorney can make a critical difference in pursuing justice.
