On October 18, 2024, the Illinois Supreme Court ruled in James v. Geneva Nursing and Rehabilitation Center, 2024 IL 130042, that health care facilities are immune from negligence claims under Executive Order 2020-19, even for conduct unrelated to COVID-19, provided the health care facilities were "rendering assistance" to the State at the time of the alleged negligence.
The underlying action was initiated by the families of several nursing home residents, alleging wrongful death against the defendant nursing home for negligent and willful failure to control the spread of COVID-19 within its nursing care facility between March and May 2020. The nursing home moved to dismiss contending statutory immunity from the negligence claims under the Illinois Emergency Management Agency Act (20 ILCS 3305/21(c)) invoked by Executive Order 2020-19, which directed health care facilities to assist the State by providing services in response to the pandemic.
Issued on April 1, 2020, Governor Pritzker's Executive Order 2020-19 granted immunity to health care facilities for injuries or deaths occurring during their assistance to the State, unless caused by gross negligence or willful misconduct. The key issue before the Illinois Supreme Court was whether this immunity extended to ordinary negligence claims.
In analyzing the plain language of the Executive Order, the Court found it was clear Governor Pritzker chose to limit immunity to ordinary negligence claims. The broad language of the Executive Order provides immunity for “any injury or death” that was caused by “any act or omission” of the facility that “occurred at a time” when the facility was “engaged in the course of rendering assistance” to the State in response to COVID-19. Id. ¶ 35.
Therefore, the Illinois Supreme Court ruled, the statutory immunity protection is not limited solely to those acts related to COVID-19. The Court concluded “given the novelty of COVID-19 at the time the Governor issued Executive Order No. 2020-19, we find a broad reading of the executive order is appropriate and consistent with the plain language.” Id.
Whether a health care facility enjoys this statutory immunity will largely depend upon two issues. First, whether the health care facility is included within the definition of “Health Care Facilities” in Executive Order 2020-19. Second, whether the health care facility was “rendering assistance” to the State’s response to the COVID-19 crisis. According to Executive Order 2020-19, rendering assistance “must include” measures such as “increasing the number of beds, preserving personal protective equipment, or taking necessary steps to prepare to treat patient with COVID-19.” (Emphasis added).
This ruling is a major decision that may act as a bar to many personal injury lawsuits brought against health care facilities, as well as their agents, employees and representatives, regardless of whether the conduct at issue was care related to COVID-19. As long as qualifying Health Care Facilities can prove the alleged negligence occurred while it was rendering assistance to the State as defined by Executive Order 2020-19, the door may be closed on any ordinary negligence action during the effective timeframe.
By: Garret L. Boehm, Jr., Daniel M. Yukich, and Connor W. Bender
Sammi L. Renken, Healthcare Group Co-Chair
Gregory E. Schiller, Healthcare Group Co-Chair
