Lead by Tennessee Co-Managing Partner Howard Hayden, and Andrew Sheeley, Partner of Sheeley LLP NYC, the defense team received a unanimous jury verdict for their client, a skilled nursing facility. Hayden presented the evidence during a ‘grueling’ three-week trial, resulting in the defendant being found ‘Not Responsible’ for the COVID-19 diagnosis and subsequent death of a patient in March 2020. Additional support for this trial was provided by Nashville Associates Lena Morgan and Allie Cull, and Memphis Paralegal Amber Chapman.

Overview of the Case

• The wrongful death claim was brought to court by the family of a patient who died of COVID-19 in late March 2020.
• The defendant, a 200-bed skilled nursing facility in Tennessee, experienced the first COVID-19 outbreak in the state resulting in 161 confirmed cases of COVID-19 among residents and staff.
• The defense team showed that the suggested COVID-19 screening protocol from March 2020 has since been proven to be ineffective due to asymptomatic spread and that the facility had mandated masking before federal mask mandate implementation.

Key Difference-Makers

• Trial Participants
  • Howard Hayden, Co-Managing Partner of Nashville and Memphis Offices

  • Andrew Sheeley, Partner of Sheeley LLP, New York, New York

• Additional Administrative Support
  • Lena Morgan, Associate, Nashville
  • Allie Cull, Associate, Nashville

  • Amber Chapman, Paralegal, Memphis

Claims Made Against Our Client

• Reckless and negligent screening for COVID-19 symptoms
• Negligence in timely implementation and enforcement of a masking policy
• Wrongful death of plaintiff’s mother (89)

Defense Strategy

• The defense reviewed relevant transmission and spread data of COVID-19 during the time, as well as federally and state-mandated COVID-19 prevention measures that have since been determined to be ineffective against asymptomatic COVID-19 carriers.
• The facility implemented a masking policy before the state of Tennessee and the Federal Government implemented a mask mandate.

Impact on Final Outcome

• The Jury found that the facility was negligent with its COVID-19 screening measures, but that this negligence was not responsible for the death of the plaintiff’s mother.

Predicting the Future

• There are hundreds of cases across the country claiming damages against nursing homes for COVID-19-related deaths.
• At QPWB, we want our clients to be confident in our ability to defend against COVID-19-related cases of wrongful death and negligence.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.