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Professor Nina Kohn Offers Insight on Nursing Homes Facing Growing Numbers of Lawsuits from Covid-19 Fallout

Posted on Wednesday 4/13/2022

In a Wall Street Journal article addressing growing numbers of lawsuits against nursing homes amidst the Covid-19 pandemic, Professor Nina Kohn provides insight from an elder-law perspective.

Over two years after the beginning of the pandemic, families of nursing home residents who died from Covid-19 are bringing a surge of negligence and wrongful death lawsuits against the facilities. Families claim that nursing homes failed to properly curb the spread of the disease, did not identify infected residents for quarantine or suitably treat their illnesses. 

According to the article, New York’s nursing home industry claims much of the devastation brought about in early days of the pandemic was beyond its control, siting “stagging shortages, inadequate testing supplies, a lack of masks and other personal protective equipment and a controversial state policy requiring facilities to admit residents who tested positive for coronavirus.”

Kohn explains that plaintiffs could have trouble showing that a nursing home’s actions were responsible for a resident’s death “because the virus is so easily transmissible without contact.”