Manginelli v. Regency House of Wallingford, Inc.

Syllabus

Pursuant to Executive Order No. 7V, § 6, which was issued by the governor on April 7, 2020, amid the COVID-19 pandemic, ''any health care profes- sional or health care facility shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the individual's or health care facility's acts or omissions undertaken in good faith while providing health care services in support of the [s]tate's COVID-19 response, including but not limited to acts or omissions under- taken because of a lack of resources, attributable to the COVID-19 pandemic, that renders the health care professional or health care facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic and which resulted in the damages at issue . . . .'' The plaintiff, individually and as administratrix of the estate of M, sought to recover damages from the defendants R Co. and N Co., which operate a nursing home, for the allegedly wrongful death of M. M was being cared for at the nursing home, where she required assistance for bed and wheelchair transfers. During a bed transfer on April 26, 2020, M fell. The nursing home staff placed M back in her bed but failed to immedi- ately report her fall to her family and did not obtain medical treatment for M for two days. M eventually was treated and diagnosed with injuries that left her permanently disabled and that, according to the plaintiff, ultimately led to her demise. The plaintiff alleged that the defendants were negligent and reckless in their care and treatment of M in that they, among other things, failed to implement a plan of care for M prior to her fall, to report the fall when it occurred, to obtain immediate treatment, and to treat M's pain. The defendants filed a motion to dismiss the plaintiff's complaint, claiming that they were immune from suit and liability under Executive Order No. 7V, § 6. In opposing the motion, the plaintiff argu