Judge Tosses Negligence Suit Against Care Home, Says No Immunity Under PREP Act

Mealey's (August 31, 2022, 1:01 PM EDT) -- LEXINGTON, Ky. — A Kentucky federal judge on Aug. 29 dismissed a son’s claims for negligence and violations of nursing home residents’ rights against the nursing home where his father died, finding that the son’s failure to file a certificate of merit with the complaint warrants dismissal but that the nursing home is not immune from liability under the Public Readiness and Emergency Preparedness (PREP) Act because the son did not allege that the nursing home’s response to COVID-19 resulted in his father’s death....