April 15, 2021

Illinois Lawsuit Against Nursing Home to Continue Despite COVID-19 Immunity Order

U.S. District Judge Manish Shah ruled last week that a lawsuit against Westchester Health and Rehabilitation Center (Westchester) can continue despite Gov. Pritzker’s executive order granting civil immunity to providers rendering treatment for COVID-19, absent willful and wanton misconduct. Twelve residents of the Illinois long-term care facility died last year from COVID-19. The lawsuit, brought by two families of residents who contracted COVID-19, alleges that Westchester knowingly exposed residents to positive and symptomatic employees and failed to provide personal protective equipment.