Alabama Supreme Court Upholds Broad COVID-19 Immunity for Healthcare Providers (Insurance Journal)

Alabama Supreme Court Upholds Broad COVID-19 Immunity for Healthcare Providers

  Monday, January 29th, 2024 Source: Insurance Journal

The Alabama Supreme Court recently made a significant ruling on the scope of COVID-19 immunity for healthcare providers, affecting lawsuits indirectly related to the pandemic. The court’s decision stemmed from a case involving Flowers Hospital in Dothan, Alabama, where a patient, Voncille Askew, suffered injuries from a fall after receiving COVID-19 treatment at the facility.

In September 2021, Askew visited Flowers Hospital for monoclonal-antibody infusion therapy, a recognized COVID-19 treatment. After the therapy, she fell at the hospital’s "infusion entry," leading to severe injuries. The Askews filed a negligence lawsuit against the hospital, claiming the entryway was unsafe. However, the hospital, represented by Triad of Alabama, argued that the Alabama COVID-19 Immunity Act protected it from legal actions in this context.

Initially, the Houston County Circuit Court sided with the Askews, rejecting the hospital’s immunity defense. This decision was overturned by the Alabama Supreme Court, which held that the broad language of the immunity statute covered all claims related to the coronavirus, even if they were not directly linked to medical treatments.

The justices refuted the Askews’ attorney’s argument that the fall’s claim bore little resemblance to the immunity law’s intended claims. They cited a similar precedent from 2022, where immunity was granted to a state agency under comparable circumstances. The court’s ruling directed the trial court to reinstate the hospital’s immunity defense, emphasizing that the statute does not impose limitations on the relation between a claim and the coronavirus beyond the terms "arises from" or "is related to."

This ruling underscores the broad legal protections granted to healthcare providers under the Alabama COVID-19 Immunity Act, extending even to incidents indirectly associated with the pandemic. The decision could have significant implications for future cases involving injuries in healthcare settings during the pandemic.

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