ORLANDO HUB – QPWB attorneys Robin Khanal, Maggie Colter, and Meghan McComas secured a significant win in a negligence suit filed against a skilled nursing facility, successfully obtaining summary judgment by invoking Florida Statute 768.381 and demonstrating the plaintiff’s failure to meet the statute’s heightened legal burden.

Overview of the Case

The case arose from claims made by the estate of a former resident who allegedly contracted COVID-19 while under care at a skilled nursing facility and subsequently passed away. The plaintiff asserted that the facility deviated from the applicable standard of care by failing to properly utilize PPE and conduct adequate employee screenings, thereby leading to the fatal exposure.

From the outset, QPWB centered its defense strategy on the applicability of Florida Statute 768.381, which offers liability protections to healthcare providers for COVID-19 related claims unless the plaintiff can demonstrate gross negligence or intentional misconduct by clear and convincing evidence. The court agreed that the statute applied. Because the plaintiff's experts did not address the heightened standard required by the statute, and the plaintiff failed to meet their burden of proof on both liability and causation, the court granted summary judgment in favor of the defense. As a result, the case was dismissed in its entirety, with no monetary award.

Key Difference-Makers

• Robin Khanal – Managing Partner
  
• Maggie Colter – Partner
  
• Meghan McComas – Partner
  

Claims Made Against Our Client

The plaintiff alleged that the nursing facility's failure to adhere to regulatory standards—including proper PPE use and staff screening—resulted in the resident's exposure to COVID-19 and untimely death. The lawsuit was brought under Chapter 400, Florida’s statute governing liability for nursing homes.

Defense Strategy

The defense team approached the case with a proactive and focused strategy, anticipating early on that Florida Statute 768.381 would serve as the cornerstone of the defense. From the beginning, QPWB raised statutory COVID-19 immunity as an affirmative defense and centered its case around the heightened evidentiary burden imposed by the statute. The team carefully evaluated whether the plaintiff’s claims and supporting evidence met the legal threshold of gross negligence or intentional misconduct—ultimately finding they did not. Discovery efforts and motion practice were strategically structured to highlight the insufficiency of the plaintiff’s expert testimony in meeting this elevated standard.

By consistently keeping the legal burden front and center, QPWB effectively limited the plaintiff’s path to liability and secured a favorable outcome through a well-supported Motion for Summary Judgment.

Impact on Final Outcome

Because the plaintiff was unable to satisfy the clear and convincing evidence threshold required under the COVID-19 immunity statute, the court found no basis for liability. The summary judgment not only absolved the skilled nursing facility of financial exposure but also reinforced the legal protections afforded under Florida Statute 768.381.

Unique Aspect of the Case

What made this case particularly unique was the application of COVID-19-specific immunity in a long-term care setting. The case involved evaluating rapidly evolving regulations, infection control protocols, and the adequacy of expert testimony under an elevated legal standard—factors that added layers of complexity and precedent-setting value.

Predicting the Future

This victory underscores the power of strategic preparation and the effective use of statutory defenses from the very start of litigation. QPWB’s dedicated and vigorous defense—anchored in the applicability of Florida Statute 768.381—demonstrates how early recognition of key legal protections can decisively shape the outcome of a case. The ruling not only reinforces the immunity available to health care providers under pandemic-specific legislation, but also sets a clear precedent: plaintiffs must meet a heightened evidentiary standard to prevail in COVID-19-related claims. This outcome strengthens the legal framework protecting nursing facilities and signals QPWB’s continued leadership in navigating complex, evolving areas of health care law.

Key Actions in This Case

• Early Assertion of COVID-19 Immunity (F.S. 768.381): Defense strategy built around this statute from day one.
  
• Expert Evidence Challenges: Plaintiff’s experts failed to provide testimony meeting the elevated burden of proof required under the statute.
  
• Motion for Summary Judgment: Effectively argued and granted, resulting in full dismissal and $0 award.
  

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women-owned law firm in the United States. With over 100 practice areas and offices nationwide, QPWB provides comprehensive litigation, regulatory, and business law representation across a diverse array of industries.