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

The Indiana Supreme Court bench is a long wooden desk with five chairs behind it. In front of each chair is a name plate with the last name of each justice. Behind the chairs is a red curtain with gold decorations.
Brandon Smith
/
IPB News
The Indiana Supreme Court heard a case about state and federal COVID-19 legal immunity laws.

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.

Looking for more reporting on statewide issues? Check out our projects Civically, Indiana and our climate questions project ipbs.org/climatequestions.

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.

Brandon Smith has covered the Statehouse for Indiana Public Broadcasting for more than a decade, spanning three governors and a dozen legislative sessions. He's also the host of Indiana Week in Review, a weekly political and policy discussion program seen and heard across the state. He previously worked at KBIA in Columbia, Missouri and WSPY in Plano, Illinois. His first job in radio was in another state capitol - Jefferson City, Missouri - as a reporter for three stations around the Show-Me State.