Kentucky Supreme Court Revives Nursing Home Negligence Case Tied to Pandemic-Era Death

Frankfort, KY — The Kentucky Supreme Court has revived a wrongful death lawsuit against a nursing home, ruling that the facility is not automatically shielded by the state’s COVID-19 immunity law and allowing the case to move forward after years of litigation.

The lawsuit stems from the death of Emma Hayes, a resident of Mayfield Health and Rehabilitation, who died in December 2020 during the height of the pandemic. Her estate alleges the facility failed to provide timely and appropriate care, leading to her death.

Lower courts granted summary judgment, concluding that Kentucky’s pandemic-era immunity statute protected the nursing home from liability. But in a decision issued this month, the state’s high court reversed those rulings, finding that key factual questions remain unresolved.

Immunity Not Automatic, Court Says

At the center of the dispute is Kentucky Revised Statute 39A.275, which grants limited civil immunity to health care providers only for injuries arising from COVID-19 itself or from actions taken in good faith to diagnose, treat, or prevent its spread. The Supreme Court clarified that the law does not provide blanket protection simply because an incident occurred during the public health emergency, and that immunity does not apply in cases involving gross negligence or willful misconduct.

Instead, the court said immunity under the statute depends on whether a plaintiff’s injuries qualify as a ‘COVID-19 claim’ under the law, a determination that cannot be made without resolving disputed facts. The justices found the current record insufficient to determine whether Hayes’ death resulted from COVID-19 or from alleged lapses in care unrelated to pandemic response efforts.

Because those questions remain disputed, the court ruled that the case was improperly dismissed at the summary judgment stage.

Allegations Center on Delayed Care

Court records show Hayes tested positive for COVID-19 on Nov. 26, 2020, and was moved to the facility’s COVID unit that day. On Dec. 3, staff were unable to rouse her at 8:51 a.m. to administer medication. The lawsuit alleges no medical action was taken until 1:45 p.m., nearly five hours later, when her vital signs were checked.

Hayes was transported to a hospital at 2:38 p.m., intubated at 2:58 p.m., and died at 3:40 p.m

The Court rejected a blanket approach that would treat COVID-positive status (or a COVID-listed cause of death) as automatically triggering immunity, emphasizing the statute’s causation requirements.

Broader Implications for Pandemic-Era Lawsuits

Legal observers say the ruling provides important clarification on how Kentucky’s immunity law should be applied and may influence how similar cases are evaluated going forward. While the decision does not eliminate immunity protections altogether, it signals that facilities must demonstrate a clear causal link between COVID-19 and the alleged harm to qualify for dismissal.

The case now returns to the trial court for further proceedings.