Indiana Supreme Court considers how far COVID-19 legal immunity laws extend

A man hospitalized for COVID-19 a few years ago developed a bed sore and later died. His family wants to sue his health care providers for medical malpractice — but the providers say COVID legal immunity laws shield them from being sued.

The Indiana Supreme Court held a hearing Thursday on the issue.

Two state laws and a federal measure say health care providers can’t be held liable in court for actions “arising from” COVID-19.

Attorney Colleen Davis represents providers that Elmer Waggoner’s family want to sue. She said Waggoner went into the hospital for COVID-19 treatment and was put on a ventilator, eventually developing a bed sore.

“By statute, the only thing that matters is whether the health care services arose from COVID-19,” Davis said.

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But Arie Lipinski, representing Waggoner’s family, said they’re alleging malpractice for the treatment of the bed sore — which he said has nothing to do with COVID-19.

“The defendants are asking this court to extend the immunity statutes so broadly that just because a patient presents at a hospital with COVID-19, anything after that goes,” Lipinski said.

There is no timetable for the court’s decision.

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.