COVID-Related Lawsuit Loans

Have a COVID-Related Lawsuit But Need Some Cash Now?

TriMark Legal Funding provides settlement funding on personal injury lawsuits nationwide.

COVID-Related Personal Injury Loans

TriMark Legal Funding is one of America’s leading personal injury accident loan companies. We provide risk-free pre-settlement funding and post-settlement funding (lawsuit loans) to injured plaintiffs while they wait on their lawsuit settlements.

At TriMark Legal Funding, we offer non-recourse lawsuit funding cash advances to plaintiffs who are involved in either pending or settled legal claims, often in 24 hours or less.

Lawsuit loans are a discreet, sensible way to keep your head above water until your attorney has finished negotiating your lawsuit settlement.

At TriMark Legal Funding, we offer non-recourse lawsuit funding cash advances to plaintiffs who are involved in either pending or settled legal claims, often in 24 hours or less.

Lawsuit loans are a discreet, sensible way to keep your head above water until your attorney has finished negotiating your lawsuit settlement.

Let’s Talk!

Call us at (877) 932-2628 or send us your details & we’ll call you.

    Have Questions?
    Call and speak with one of our funding experts today.

    Lawsuit Funding 101: The how's, why's, and what for's of legal funding.

    What Is Lawsuit Funding?

    Lawsuit funding is referred to by many names such as lawsuit loans, pre-settlement loans, and post-settlement loans.

    Despite what many people call it, however, it’s not a loan.

    Legal funding is a non-recourse cash advance of a portion of the anticipated future value of a plaintiff’s lawsuit settlement.

    Lawsuit funding is referred to by many names such as lawsuit loans, pre-settlement loans, and post-settlement loans.

    Despite what many people call it, however, it’s not a loan.

    Legal funding is a non-recourse cash advance of a portion of the anticipated future value of a plaintiff’s lawsuit settlement.

    More COVID-19-related information you may be interested in:

    Have Questions?
    Call and speak with one of our funding experts today.

    How Lawsuit Loans Work

    TriMark Legal Funding specializes in helping personal injury accident victims.
    Our non-recourse legal funding is a simple 3-step process:

    1. Apply for Funding

    You can either apply online or call us toll-free at (877) 932-2628. We’ll answer all of your questions and gather some basic facts about your case.

    2. Review & Approval

    Our team will work directly with your attorney to review your case. Approvals can happen as quickly as 1 hour after receipt of all required information.

    3. Receive Cash

    A funding agreement is sent via DocuSign. After signed copies are returned, your cash is sent to you by wire transfer or FedEx Overnight.

    Apply For Lawsuit Funding Now

    Are you ready to move your life in a more positive direction?

    TriMark Legal Funding is excited to help you through this difficult time. We’ve helped thousands of people in similar circumstances, and we appreciate the opportunity to help you too.

    Lawsuit Funding FAQ Apply Now

    It’s free to apply, and it only takes a minute. Best of all, you could receive the money you need as quickly as tomorrow. You can apply online or call (877) 932-2628, and one of our friendly representatives will be happy to take your application right over the phone.

    Lawsuit funding from TriMark is just pure financial help, right when you need it most. And approvals can happen so fast that if you apply today, you could receive cash tomorrow.

    When you choose TriMark Legal Funding, you’re in excellent hands, and we’ve always got your back.

    Latest Developments in COVID Lawsuit News…

    The state has agreed to return unemployment benefits it seized from about 50 incarcerated workers at the onset of the COVID-19 pandemic, according to a news release from the American Civil Liberties Union of Maine. The U.S. District Court in Portland received Tuesday, April 26 a request from the state to approve the settlement of a class action lawsuit challenging the state’s seizure of unemployment benefits that had been awarded to inmates when COVID-19 forced them to leave their work release jobs in the community. The lawsuit was filed in June 2020 by attorney Christopher MacLean of Camden on behalf of then inmate Marc Sparks. The lawsuit asked the U.S. District Court to rule the order by Gov. Janet Mills to stop the payments was … Read more
    Former Klamath National Forest seasonal firefighter Pedro Rios ended up on the U.S. Forest Service's "do not rehire" list after a 2020 post on social media about what he perceived as the agency's lax COVID-19 rules during the pandemic, which could have endangered the health of his young son. Rios sued the agency, alleging that refusing to rehire him for the 2021 fire season was the result of "retaliation for whistleblowing activity." Earlier this month, the Forest Service reached a settlement to award Rios $115,000 in back pay, after an administrative judge for the government's Merit Systems Protection Board found that Rios had "exhausted his administrative remedies and made non-frivolous allegations entitling him to a hearing." Administrative Judge Michael Shachat also ordered the agency to … Read more
    Two white men sued city health departments Tuesday in Brooklyn federal court claiming eligibility requirements for COVID-19 treatments are anti-white. Jonathan Roberts, 61, and Charles Vavruska, 55, are suing based on New York City Department of Health and Mental Hygiene guidelines that instruct healthcare providers to “consider race and ethnicity when assessing an individual’s risk.” The guidelines include this instruction in a list of factors to consider when evaluating eligibility for monoclonal antibodies and oral antivirals like Paxlovid and molnupiravir, which are in short supply. The guidelines elaborate that “Impacts of longstanding systemic health and social inequities put Black, Indigenous and People of Color at increased risk of severe COVID-19 outcomes and death.” The suit claims that considering race or ethnicity as a medical risk factor has “no basis in science.” Medical consensus agrees that Black Americans are getting more severe coronavirus symptoms and dying at a higher rate than white Americans…. Read more
    Rutgers University in New Jersey agreed to settle a class-action lawsuit filed by a parent against the school, who argued that their daughter did not receive the college education they paid for when the campus went all virtual in spring of 2020. On Friday, Rutgers agreed to pay a $5 million settlement on behalf of everyone who paid Rutgers Spring 2020 semester fees. New Jersey Superior Court Judge Alberto Rivas approved the settlement last week: It means all 64,500 Rutgers undergrads who paid spring 2020 tuition will get about a $63 refund, NJ Spotlight reported. Although the refund is very small, Rutgers appears to be the first college in America that closed because of coronavirus and is now giving refunds acknowledging the differences in in-class and online learning…. Read more
    A Massachusetts man severely injured in a 2019 crash in New Hampshire that killed seven members of his motorcycle club has filed a lawsuit against the Massachusetts Registrar of Motor Vehicles for allegedly failing to suspend the driver’s license of the man charged in connection with the crash. Joshua Morin, of Dalton, alleges in his lawsuit filed last week in Berkshire Superior Court that the agency acted willfully, wantonly or recklessly when it failed to process thousands of license suspensions and revocations reported from out-of-state, The Berkshire Eagle reported. That failure allowed Volodymyr Zhukovskyy, whose license had been suspended in Connecticut after an operating under the influence charge, to continue driving, according to the lawsuit. More on the Tragic NH Crash Truck Driver's Trial In Fatal Biker Crash Expected In July ‘Fallen Seven’ Who Died in Tragic NH Crash Remembered, 1 Year On… Read more
    The staffing crisis in health care reached a farcical extreme last week when ThedaCare, a health system in Wisconsin, filed for a temporary restraining order to block a number of its employees from leaving their jobs and moving to another nearby hospital. The hospital argued that, because the pandemic had created a shortage of health care workers, it needed the court to block the employees from leaving at least until it was able to come up with a staffing plan. As medical workers burn out, isolate due to Covid-19, and leave for other professions, the ensuing staffing shortage has gotten so severe that ThedaCare turned to the courts to try to fix it. It was a striking example of how the pandemic has turned the health care labor market upside down, putting nurses and doctors in higher demand than ever even as they must face the most grueling working conditions… Read more
    A revised complaint in the wide-reaching federal lawsuit seeking to overturn executive and public health orders related to COVID-19 in Wyoming has narrowed the suit’s scope — and left off its most well-known plaintiff. Thursday’s updated lawsuit comes after U.S. District Judge Nancy Freudenthal ruled that the initial 128-page complaint failed to state a succinct cause of action and did not follow federal filing rules. As in the first complaint, the new version states that Wyoming has extended its state of emergency related to the COVID-19 pandemic longer than necessary as a way to procure federal funding. The new complaint includes nine parents of Wyoming school children, but not Grace Smith, the Laramie High School student arrested for trespassing in October after returning to school while suspended for refusing to wear a mask. Smith’s father, Andy, is also not named in the second amended complaint. It is not clear why… Read more
    For all that Gov. Ron DeSantis and the state’s Republican leaders play up their “freedom” agenda at the expense of COVID-19 mitigation, an average Floridian might conclude the coronavirus isn’t such a big deal anymore. So why are the state House and Senate advancing legislation extending the liability shield enacted last year, to protect health care providers against medical malpractice lawsuits arising from the COVID pandemic?  The shield is scheduled to expire on March 21. That’s what Democrat Kelly Skidmore of Palm Beach County wanted to know during a House Health and Human Services Committee hearing Friday on a new bill, PCB 22-01, to extend that protection through June 1, 2023. Skidmore couldn’t help remarking on the “contradictory narrative” between the COVID danger the bill ostensibly recognizes and coolness to mask-wearing and vaccinations expressed by the state’s GOP leaders. “We keep pushing out that this is over, that we need to be back… Read more
    Employees who were terminated from their job because of their refusal to get vaccinated for COVID-19 aren't guaranteed to get their jobs back just because the Supreme Court struck down President Joe Biden's vaccine or testing mandate. The mandate, which required millions of employees to be vaccinated or undergo weekly testing, sparked questions about the legality of terminating employees over their vaccination status. However, in the majority of the United States, businesses can terminate employees for not complying with company policies and that doesn't necessarily change because of the Supreme Court's decision. Dorit Reiss, a University of California Hastings College of Law professor, told Newsweek that unless employees can claim religious discrimination or disability-based discrimination, employers are free to terminate employees for not being vaccinated. Employment in the United States is "at-will" so employers can implement whatever policies they want within the confines of the law and the default is… Read more
    An Anoka County judge has ordered that Mercy Hospital must leave a Buffalo, Minnesota, man on a ventilator. Scott Quiner was diagnosed with COVID-19 last fall and hospitalized in Waconia in October. His wife Anne told 5 EYEWITNESS NEWS that Scott was transferred to Mercy Hospital in November where he remains sedated and on a ventilator. A lawsuit filed Wednesday against the hospital alleges that doctors at the hospital were planning to take COVID-19 patient Scott Quiner off the ventilator Thursday. "I have advised the doctors that I vehemently disagree with this action and do not want my husband's ventilator turned off," Anne Quiner states in the filing. On Thursday, Judge Jennifer Stanfield ordered that Mercy Hospital cannot turn the ventilator off. A hearing is set for Feb. 11. In the meantime, Stanfield told both parties to put together their legal arguments on the authority to remove someone from life… Read more
    The State of Michigan says of roughly 28,000 deaths related to COVID-19, a little more than 6,000 of them were in long-term care facilities, including nursing homes. But a new report coming out on Monday will reportedly show that number is higher. So why the discrepancy? The state says their data is right, even as the data was released following a lawsuit filed by the Mackinac Center Legal Foundation, on behalf of former FOX 2 reporter Charlie LeDuff. The suit was to force MDHHS to turn over numbers and the department settled. Steve Delie from the Mackinac Center says that the public has a right to know how many people in these facilities that house the elderly have passed away from COVID-19. Facilities that have fewer than 13 beds are not counted in the state's data – and that includes adult foster care, homes for the aged, and skilled nursing facilities. If… Read more
    As COVID-19 cases surge in the United States, businesses say they fear a California court ruling has increased the likelihood that companies will be sued for infections, even by people who are not employees or customers. The Dec. 21 ruling allowed a wrongful death lawsuit to proceed against See's Candies Inc, owned by Berkshire Hathaway (BRKa.N), by the family of Arturo Ek of Los Angeles who died in April 2020 at 72 from COVID-19. See's employed his wife, Matilde Ek, who said she was infected by the coronavirus while working inches apart from sick coworkers, and then her husband caught it from her at home. The ruling is the first by an appeals court to allow a novel "take-home" COVID-19 lawsuit, which seek damages from a business over allegations of violating safety protocols and setting off a chain of infections beyond the company's premises. See's, which did not respond to… Read more
    A former security guard at a California hospital has filed a lawsuit against her former employer for intolerable working conditions. She says she was ordered to clean a malfunctioning freezer filled with decomposing dead bodies. A former lead security guard at Memorial Hospital of Gardena says that two nights after Christmas, she was ordered to handle the decomposing bodies of deceased COVID-19 patients and clean the outdoor freezer they were stored in without proper training and without adequate personal protective equipment. “If someone in the nursing department didn’t want to touch the bodies, how am I supposed to feel safe touching those bodies?” said the security guard, who didn’t want her name used. The security guard says she had previously told her superiors that the freezer was not cold enough and needed to be repaired. She says the mortuary would not pick up the bodies due to the condition they… Read more
    The first wrongful death claim stemming from COVID-19 in San Bernardino County jails has been filed against the county and the Sheriff’s Department amid a resurgence in coronavirus-related illnesses among inmates. The uptick, sparking outcry from prison rights activists, mirrors a seasonal surge in COVID-19 cases across the Inland Empire and Southern California that is flooding hospital emergency rooms and causing traffic jams at coronavirus testing sites. As of Dec. 28, the Sheriff’s Department reported four new coronavirus cases in the past week at the West Valley Detention Center in Rancho Cucamonga, two at the High Desert Detention Center in Adelanto, and one at the Central Detention Center in San Bernardino. No new cases were reported at the Glen Helen Rehabilitation Center in Devore. One inmate was hospitalized with COVID-19, sheriff’s spokeswoman Mara Rodriguez said. Since COVID-19 testing began in San Bernardino County jails in 2020, 2.9% of the total… Read more
    At Harvard, 2021 was a year marked by change. The school’s long-awaited return to in-person operations injected new life into a campus that had been left dormant for over a year by Covid-19. And in an unexpected shift, the University announced its intention to divest its endowment from fossil fuels after a decade of public pressure. Separately, faculty controversies — including a federal conviction and a high-profile departure — ignited debates that rippled across academia. Below, The Crimson looks back at the 10 stories that shaped the last year at Harvard…. Read more
    As another COVID year comes to a close, there’s confusion among employers who are balancing vaccine requirements with labor shortages and trying to keep up with changes to national, state and local labor laws. Some government mandates are facing challenges in court, but other COVID-related policies, like paid sick leave, will continue into 2022. Providing 80 hours of COVID sick pay to workers didn’t end when Gov. Jared Polis lifted the public health emergency order in July. “A lot of people thought that as certain emergency orders end, that ends the 80-hour COVID leave. But what the legislature wrote in the paid sick laws was that if any form of disaster emergency related to COVID continues, the paid leave continues,” said Scott Moss, director of the Division of Labor Standards and Statistics in the state labor department. Moderna Covid-19 vaccine vials are seen during a vaccination clinic for residents of zip… Read more
    Kathleen Escobar will never forget the day in November 2020 when COVID-19 hit the memory care center where her mother lived.  An aide from Table Rock Memory Care in Medford called to tell Escobar three of the facility’s residents had COVID infections. The aide reassured her: Escobar’s 88-year-old mother, Peggy James, showed no signs of having COVID. But the news alarmed Escobar. She lived a few minutes away — she could dash over and bring her mother home until the COVID outbreak at Table Rock ended. The Table Rock aide told her that wouldn’t be necessary. The residents with COVID had been isolated. Her mother was safe.  “They acted like it was no big deal,” Escobar says. “They were very much like, ‘It’s all right. Don’t worry about it.’” It wasn’t all right. Table Rock failed to contain the outbreak, and within days, the number of cases exploded from a… Read more
    Radio personality Dave Ramsey allegedly fired one of his employees for taking Covid-19 precautions, such as wearing a mask at the office and requesting to work from home, according to new lawsuit claiming religious discrimination. Ramsey, an evangelical Christian who owns financial advice company Ramsey Solutions, allegedly led a "cult-like" work environment where Covid-19 wasn’t taken seriously, while fear of working in the office due to the virus was branded “weakness of spirit” and staffers who wore masks to meetings were “mocked,” according to the complaint.  The lawsuit was filed Monday in the U.S. District Court of Tennessee by former employee Brad Amos, 45, against Ramsey and the Lampo Group LLC, also known as Ramsey Solutions. Amos was hired in 2019 as a senior video editor for Ramsey’s company and moved from Los Angeles, California, to Williamson County, Tennessee, to be close to the Ramsey Solutions headquarters, near Nashville. He says he was terminated… Read more
    California’s largest nursing home owner, Shlomo Rechnitz, is facing a lawsuit alleging that one of his homes is responsible for the COVID-related deaths of some 24 elderly and dependent residents. Rechnitz is the Los Angeles-based, multi-billionaire owner of Brius Healthcare, the largest nursing home company in California. In 1998, Rechnitz began his business career by selling supplies—such as latex gloves, adult diapers, and wheelchairs—to nursing homes with his twin brother, Steve. Together, they founded and operated TwinMed, LLC, and have grown it into a nation-wide distributor of medical supplies and services. Brius owns two nursing homes in Santa Clara County, Cupertino Healthcare & Wellness Center and San Jose Healthcare & Wellness Center, plus five in Alameda County and one in Contra Costa County. Brius and affiliated companies own 81 skilled nursing facilities in California. Brius controls about one in every 14 nursing beds in the state. Brius has repeatedly been fined, sued,… Read more
    COVID-19 is prompting significant changes to malpractice laws and regulations at the state and federal levels. Since COVID-19 arrived in the United States, health care providers have been working tirelessly to address every aspect of the pandemic. The public saw how frontline workers were making sacrifices day in and day out to keep as many people healthy as possible. But even as the media focused on this heroic work, behind the scenes COVID-19 was prompting significant changes to malpractice laws and regulations at the state and federal levels. Providers should be aware of what has happened and of the changes that may occur in coming months and years. Early pandemic At medical malpractice insurer EmPRO, we have been keeping a close eye on the pandemic because global health events have the potential to expose both insured clients and insurers alike to staggering liabilities. Thankfully in New York state, where EmPRO… Read more
    A Columbia employment law attorney said Americans should be prepared to start hearing more about fights brewing between states and the federal government over vaccine mandates. “It’s the beginning,” Paul Porter of Cromer Babb Porter & Hicks said. At this point, 19 states, including South Carolina, have filed four lawsuits against the federal government over a vaccine requirement for all federal contractors, part of a multi-faceted mandate announced by President Joe Biden in September. South Carolina joined a challenge filed Friday in U.S. District Court for the Southern District of Georgia in Augusta, along with Georgia, Alabama, Idaho, Kansas, Utah, and West Virginia. The same day, 10 other states — Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming — filed a similar lawsuit in the U.S. District Court for the Eastern District of Missouri, as did Texas in the U.S. District Court for the Southern District of Texas in Galveston. The… Read more
    In an early blow to skilled nursing facilities, the 3rd U.S. Circuit Court of Appeals ruled against two nursing homes in New Jersey, finding the COVID-19 lawsuits should continue in state court. Negligence and wrongful-death lawsuits were initially filed in April 2020 in state court against Andover Subacute & Rehabilitation I & II by families of four residents who died of COVID-19. The ruling, issued last week, is believed to be the first decided by a federal appeals court on the matter, according to the opinion. The lawsuits alleged the facilities did not take precautions to contain the spread of COVID-19, including failing to monitor food preparation, failing to provide personal protective equipment and allowing visitors and employees to enter the facilities without taking their temperatures or making them wear a mask, the ruling stated. After the lawsuits were filed in state court the nursing home defendants requested the cases… Read more
    The nursing homes had argued that the suits against them belonged in federal court, citing an emergency U.S. law known as the Public Readiness and Emergency Preparedness (PREP) Act, which shields those fighting the pandemic from lawsuits. The 3rd U.S. Circuit Court of Appeals in Philadelphia affirmed a lower court ruling and rejected the nursing homes' argument that the PREP Act was so far reaching that families' state-law negligence claims were really federal claims that belonged in federal court. The families "asserted only garden-variety state-law claims, so state court is where these cases belong," the court said. Neil Lapinski, a Gordon, Fournaris & Mammarella attorney who represented the families, said "the court has provided a clear roadmap for litigants" that was consistent with lower court rulings. The cases were filed in state court in April 2020 by families of four residents who died of COVID-19…. Read more
    Preemptive actions can limit a physician’s exposure to litigation To err is human. So the question is not whether a medical malpractice lawsuit will be filed against a physician, but when. As physicians pick their way through this minefield, if they’re not careful, one lawsuit from one patient could define their entire career, and lead to a loss of revenue, increased insurance costs and a massive hit to a physician’s professional reputation. Bob White, chief operating officer of malpractice insurer TDC Group, says that some specialists such as neurosurgeons or obstetricians can spend as much as 25% of their career with an open malpractice suit against them. “The sheer psychological fatigue that that creates for them is no small distraction for folks who’ve gone through it,” he said. There are actions physicians can take to reduce their exposure to litigation. Document as much as possible The standard defense to lawsuits for years has been… Read more
    Medical errors are the third-leading cause of death in the U.S., and the pandemic brought on a slew of concerns and lawsuits, according to experts. “Whenever there was a spike in the number of COVID cases, about a month and a half after the spike, we saw a spike in medical malpractice lawsuits," said attorney Victor Bornstein, founder of Justpoint. Bornstein said the past year brought a spike in COVID-19-related cases and other malpractice lawsuits. It is not just in hospitals either: those lawsuits stem from care in long-term care facilities as well, like nursing homes. “I think the biggest concern we have is that these mistakes are happening in the first place. We have people who lost their spouses, lost their kids.” Bornstein believes there is a lot for everyone to still learn from this pandemic, including how to best treat COVID-19 patients and how to deal with COVID-19-related… Read more
    A new legal filing asks a federal judge to grant class-action status to prisoners who were diagnosed with COVID-19 as well as the estates of prisoners who died after contracting the illness. The latest request was submitted Monday in an ongoing lawsuit that alleges the Oregon Department of Corrections failed to protect incarcerated people from the virus that has swept through the prison system. According to the latest figures from the state, 3,607 prisoners have tested positive for COVID-19 and 42 have died. Corrections officials, the U.S. District Court filing claims, have “willfully and wantonly ignored the public health threat caused by this global pandemic and, as a result, class members have been harmed, and lives have been lost.” Lawyers ask the court to designate three classes: one for people who were diagnosed with the virus, another for people who were not offered vaccines by Jan. 1 and a wrongful… Read more
    A Southwest Airlines flight attendant has filed a wrongful death lawsuit against her employer, accusing the company of lax COVID-19 protocols and contact tracing that eventually led to the death of her husband. Carol Madden, 69, filed the suit in the U.S. District Court in Maryland seeking more than $3 million in damages, USA Today reported. Madden attended a one-day training session at Baltimore-Washington International Airport on July 13. Her husband, Bill, drove her home from the event. The couple got sick days later and later tested positive for COVID-19, according to the lawsuit. His condition quickly deteriorated and he died a few weeks later. COVID pneumonia was listed as the first cause of death. Bill Madden, a veteran and retired railroad signal engineer, was 73 years old. "He was a phenomenal man. He had a heart of gold," Madden said of her husband of 35 years. "There is nothing… Read more
    A special master sided with WCPO in its complaint against the Ohio Department of Health last week, ruling that health officials violated the state’s public records law when they refused to release the number of COVID-19 deaths at a Cincinnati nursing home. WCPO and other media outlets have been fighting for more transparency for nearly a year against state health officials, who refuse to say how many residents die of COVID-19 at each nursing home. Other states, such as Kentucky, Indiana, Pennsylvania, Michigan and West Virginia, openly release this information to the public. “The Ohio Department of Health ignored it," said WCPO’s attorney, Jack Greiner. "They just ignored that provision of the law, and they were called out for it by the special master.” Attorneys for Ohio’s health department tried to argue that death information is private under state law. Special Master Jeff Clark disagreed, noting that the information is… Read more
    A class-action lawsuit filed against Tyson Foods on Tuesday said that twice as many Tyson employees died after contracting COVID-19 than any other meat processing company. Filed in the Eastern District of New York, the lawsuit alleges that Tyson Foods provided shareholders with false claims about their safety protocols to the COVID-19 pandemic. A letter requesting an investigation into Tyson's annual financial report was sent to the Securities and Exchange Commission in December by New York City Comptroller Scott Stringer. After Stringer alleged that Tyson Foods misrepresented its COVID-19 precautions, stock in Tyson Foods dropped 8.5 percent over a span of five trading days. According to Stringer's letter, which is referenced in the lawsuit, Tyson reported the greatest number of COVID-19 cases of "any company in the meatpacking industry." "Tyson reported twice as many deaths as any other meatpacking company," the lawsuit continued. Information from the Select Subcommittee on the… Read more
    Businesses are doing all they can to keep operating while minimizing the spread of the virus. But some have run into an unexpected obstacle: federal law. In May, as the first wave of the pandemic receded, Connecticut put out guidelines for workplace reopening. “Individuals over the age of 65 or with other health conditions should not visit offices, but instead continue to stay home and stay safe.” That seemed like a sound directive, but as lawyers soon pointed out, the state had told its private employers to violate federal law. The federal Age Discrimination in Employment Act makes it unlawful to deprive older employees of any opportunity offered to younger colleagues…. Read more
    The family of Carlos Ernesto Escobar Mejia, who died in immigration custody after contracting the coronavirus during an outbreak at Otay Mesa Detention Center, has sued the federal government as well as the private prison company in charge of the facility. Escobar Mejia was the first person to die in the custody of Immigration and Customs Enforcement because of COVID-19. Eight in total have died from the virus since the pandemic began. The lawsuit, filed in the Southern District of California by Escobar Mejia’s three siblings, alleges negligence, deliberate indifference to serious health and safety needs and wrongful death. The complaint argues that officials held Escobar Mejia in conditions that they “knew would expose him to a deadly disease.” “CoreCivic deprived him of adequate personal protective equipment, proper social distance, and appropriate treatment, all with the knowledge and participation of ICE and its officials,” the complaint says. “His death did… Read more
    News reports show that COVID-19 deaths among nursing home patients and staff from the virus. Due to the high amount of deaths among nursing homes and in other industries, the COVID-19 pandemic has had a significant impact on the U.S. court system, both federal and state. Most of the lawsuits are individual claimants, but a handful of class action cases are making their way through the courts. The following takes a look at three wrongful death class actions that cross several industries. New Jersey Nursing Home Class Action On September 8, 2020, a lead plaintiff in New Jersey filed a wrongful death class action in Sussex County Superior Court related to nursing home violations during COVID-19. The case is The administrator of the Roberts estate brought the case against two New Jersey nursing home facilities and the owner/operators for failing to take preventive infection measures against the COVID-19 virus. Their… Read more
    U.S. businesses with COVID-19 outbreaks are facing an emerging legal threat from claims that workers brought coronavirus home and infected relatives, which one risk analysis firm said could cost employers billions of dollars. The cases borrow elements from “take home” asbestos litigation and avoid caps on liability for workplace injuries, exposing business to costly pain and suffering damages, even though the plaintiff never set foot on their premises. “Businesses should be very concerned about these cases,” said labor and employment attorney Tom Gies of Crowell & Moring, which defends employers. The lawsuit against Aurora alleges that Ricardo Ugalde worked “shoulder to shoulder” on the company’s processing line in April when Aurora knew it had a coronavirus outbreak at its facility and failed to warn employees or adopt any infection prevention measures. Aurora did not respond to a request for comment. Between 7% and 9% of the roughly 200,000 U.S. COVID-19… Read more
    This week’s spotlight is on a category of COVID-19 related workplace complaints that undoubtedly has caused many sleepless nights for employers around the country: deaths caused by COVID-19 infections allegedly connected to the workplace.  This week’s update to the tracker includes two such cases – one relates to the alleged wrongful death of an employee from COVID-19, and the other concerns the death of an employee’s spouse.  In each case, the plaintiffs allege a lack of effective institutional response to the virus, as well as a failure to warn employees who may have come in contact with the COVID-19 virus in the workplace. The allegations in these cases demonstrate the importance of employers implementing a plan of action to mitigate the dangers to the workforce.  First, in Iniguez v. Aurora Packing Company, Inc., the plaintiff, administrator of a deceased woman’s estate, filed a wrongful death and survival action against the defendant,… Read more
    Employers across the country are being sued by the families of workers who contend their loved ones contracted lethal cases of Covid-19 on the job, a new legal front that shows the risks of reopening workplaces. Walmart Inc., Safeway Inc., Tyson Foods Inc. and some health-care facilities have been sued for gross negligence or wrongful death since the coronavirus pandemic began unfolding in March. Employees’ loved ones contend the companies failed to protect workers from the deadly virus and should compensate their family members as a result. Workers who survived the virus also are suing to have medical bills, future earnings and other damages paid out…. Read more
    Across the country, emergency department health care providers have been working around the clock, often putting their own health and safety on the line to help meet the enormous medical needs of the COVID-19 pandemic. In addition to the overwhelming toll that the Coronavirus is having on the health care system, we may expect to see a surge in medical malpractice claims in the wake of the crisis. It is likely that the majority of COVID-19-related claims will be filed by patients who believe that the hospital or the health care provider failed to diagnose their condition or did not meet the standard to care. However, COVID-19-related medical malpractice lawsuits may be particularly challenging to win for several reasons, including the more flexible definition of standard of care and the overwhelming amount of public support that health care providers continue to receive. Patients who wish to pursue a medical malpractice… Read more
    A woman whose mother died of the coronavirus at a Seattle-area nursing home that was ravaged by the COVID-19 outbreak filed a wrongful death lawsuit on Friday against the company that owns the facility. Debbie de los Angeles, whose mother Twilla Morin, 85, died on March 4 at the Life Care Center in Kirkland, Washington of COVID-19 sued its parent company, Life Care Centers of America, alleging the company concealed vital facts about the outbreak before her mother died. It is believed to be the first wrongful death lawsuit against the company, whose facility in Kirkland was the initial epicenter of the COVID-19 outbreak in the United States, and has been linked to at least 35 coronavirus deaths. Cleveland, Tennessee-based Life Care Centers of America Inc is among the largest players in U.S. nursing home care, with more than 200 senior-living centers in 28 states. The company said last month… Read more
    The family of a Chicago-area Walmart employee who died from COVID-19 has filed a lawsuit against the retail giant, alleging that the company failed to take the precautions necessary to protect its employees during the coronavirus outbreak. The law firm that filed the lawsuit on behalf of Wando Evans' estate identified it as the first known wrongful death lawsuit related to COVID-19 in Illinois. When asked for comment on the suit, a spokesman for Walmart said they "take the issue seriously and will respond with the court once we have been served with the complaint," which was filed Monday in Cook County. Evans, 51, had worked for 15 years as an overnight stock and maintenance associate at the Walmart Supercenter in Evergreen Park, located at 2500 W. 95th St., according to a statement from Injury Lawyers of Illinois, LLC. The firm alleged that store management ignored Evans when he first… Read more
    A relative of a Walmart employee in Illinois who died from COVID-19 complications filed a wrongful death lawsuit against the retail giant, alleging the store did not do enough to protect employees from the novel coronavirus. Wando Evans, who worked at a Walmart store in Evergreen Park for 15 years, was found dead in his home on March 25. He had first mentioned symptoms consistent with the novel coronavirus to management at his store two weeks prior but was largely ignored, according to court documents filed Tuesday in Cook County Circuit Court. Evans, who worked overnights in stock and maintenance at Walmart, was sent home by store management on March 23, and then found dead just two days later. He was 51. The lawsuit alleges Walmart was negligent in, among other things, failing to implement, promote and enforce social distancing guidelines and that it failed to cleanse and sanitize the store in order to… Read more
    The family of a Walmart Inc employee in Illinois who died after contracting COVID-19, the illness caused by the novel coronavirus, has filed a lawsuit accusing the retail giant of failing to adequately screen and protect workers. Evans died on March 25, and another employee at the same store died four days later from complications due to COVID-19, according to the complaint. Arkansas-based Walmart said it had conducted “a deep-cleaning of key areas” in the Illinois store, which has passed a health department inspection and a separate third-party review over the last week, according to a statement provided by a spokesman. “We have taken steps across the country to protect our associates and customers, including additional cleaning measures, installing sneeze guards at registers, placing social distancing decals on the floors and limiting the number of customers in a store at a given time,” the company said. The lawsuit filed by… Read more
    Although L.A. lawyer Lisa Bloom is mainly known for representing people in sexual abuse or discrimination cases, she is now expanding her client base to victims of COVID-19. Bloom says she is representing the first case of “coronavirus discrimination” in the U.S. The attorney tells Los Angeles that her client is a male Californian who worked at the front desk of a medical facility where “as the coronavirus pandemic struck several weeks ago, the doctors and nurses were given [personal protective equipment], but the front-desk people were not.” Despite the front-desk worker’s concerns, he continued checking people in at the facility, until it was discovered that a patient he was exposed to had tested positive for the novel coronavirus. At that point he was sent home, which Bloom says was appropriate. But he was fired the next day, a move she terms “[n]ot appropriate. Illegal.” Bloom adds, “He was really… Read more

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