Illinois Supreme Court’s Ruling May Set the Stage for Doctors’ Immunity Related to COVID-19 Pandemic

November 1, 2024

The Illinois Supreme Court’s ruling on October 18 in a case with a 6-1 majority opinion will likely have major relevance to lawsuits that have been filed alleging medical professional negligence during the early months of the COVID-19 pandemic.

ISMS applauds the Court’s decision!

The case centers on the immunity provision of Governor Pritzker’s April 2020 Executive Order (EO) (No. 2020-19) issued during the COVID-19 pandemic. The families of residents of Geneva Nursing Home and Rehabilitation Center, doing business as Bria Health Services of Geneva (Bria), brought wrongful death suits against the facility. They claimed that the facility negligently and willfully failed to control the spread of COVID-19, allegedly leading to residents who died of COVID 19 in the first several weeks of the pandemic.

In its reasoning for immunity, Bria cited the Executive Order, which extended ordinary governmental tort immunity to nursing homes and healthcare facilities under certain circumstances.

ISMS and the Illinois Health and Hospital Association submitted an amicus brief to the Illinois Supreme Court in support of the defendant Bria.

The issue of immunity afforded under the EO not only impacts nursing homes, such as Bria, and a variety of other healthcare facilities, but also doctors and other healthcare professionals who provided services during the pandemic.

The Illinois Supreme Court agreed with the appellate court that Bria would have immunity from ordinary negligence claims arising during the governor’s EO only if it can show it was rendering assistance to the State during that time. The case will return to the circuit court to determine whether Bria was rendering such assistance.

ISMS will keep you informed of any developments.