Sarah Cherry gets case dismissed for hospital facility based on immunity provided to hospitals during the COVID-19 pandemic

Sarah Cherry represented a hospital facility in a medical malpractice case which also alleged claims of ordinary negligence. The claim alleged negligence during a time period in April 2020, but not related to the treatment of COVID-19.

Sarah argued a Motion for Summary Disposition on behalf of one of our hospital clients in Genesee County Circuit Court. The Motion was granted.

The motion, drafted in conjunction with Ottenwess Law, PLC’s own appellate specialist Jeff Feikens, was based on the immunity provided to health care facilities during the COVID-19 pandemic.

On or about March 30, 2020, Governor Gretchen Whitmer issued Executive Order 2020-30, which provided complete immunity to health care facilities. The preamble to Executive Order 2020-30 states in part:

Responding effectively to the urgent and steep demands created by the COVID-19 pandemic will require the help of as many health care professionals as possible, working in whatever capacities are appropriate to their respective education, training, and experience. To ensure health care professionals and facilities are fully enabled to provide the critical assistance and care needed by this state and its residents during this unprecedented emergency, it is reasonable and necessary to provide limited and temporary relief from certain restrictions and requirements governing the provision of medical services.

The legislature codified Executive Order 2020-30 as part of the Pandemic Health Care Immunity Act (MCL 691.1473-MCL 691.1477).

MCL 691.1475 specifically provides:

A health care provider or health care facility that provides health care services in support of this state’s response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.

The Court granted Defendant’s Motion for Summary Disposition “on the basis of immunity provided under Executive Order 2020-30 and as codified in MCL 691.1475 and for the reasons stated on the record.”

Click here to read a copy of the Order.