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Can I Sue for Coronavirus?

COVID-19

During the Coronavirus pandemic, a lot of people are wondering if they can sue someone if they get Coronavirus or if another party can be held liable if they contracted COVID-19 from them. While there is some legal precedent for cases like negligent transmission, there’s a lot of different types of lawsuits that may arise from this wide-sweeping illness. Like any legal matter though, the details and specific circumstances make all the difference.

Can I File A Lawsuit if I Get Coronavirus?

Chances are good the answer is no, you can’t simply file a lawsuit (successfully anyway) against someone if you think they gave you Coronavirus. There are of course exceptions to this, (which is why you should consult a lawyer), including if the other person: A) knew they were infected, B) did not inform you of this and C) had purposeful contact with you. This type of incident may be actionable under Civil Battery or Negligence laws. The difficulty in this is that you would have to prove all of those conditions, which is extremely difficult, but there may be possible legal precedent that comes from negligent transmission of STDs. For the average person who simply got sick and they think it was from a particular person, there’s not much chance for a lawsuit – especially during a pandemic.

What if my Employer Forced me to Work and I Contracted COVID-19?

While there are a number of additional questions you’d want to discuss with a lawyer, the general answer is that if the employer properly trained you to deal with the “typical” dangers associated with Coronavirus at work, you likely don’t have much grounds for a lawsuit. However, your employment is likely protected if you refuse to go to work if you feel that an unsafe environment is present. The Wall Street Journal recently published an article outlining some of these details and what a reasonable employee might consider safe or unsafe.

Will My Insurance Protect Me From Financial Loss Due to Coronavirus?

Chances are good that the average person (non-business owner) does not have insurance that protects or compensates them for a loss of income due to illness. However, there are policies available to businesses that can help add financial stability during a pandemic or economic downturn called business interruption insurance. The problem is that policies like this are optional and many business owners don’t add this coverage due to the added premium costs. If you are a business owner that has business interruption coverage, and your insurance company has denied your claim you may have grounds for a lawsuit.

Can I Sue a Hospital if I Get Coronavirus from Their Facility?

A common scenario that is bound to come up soon is that a person goes to the hospital for one thing, and contracts COVID-19 while they’re there. If you can prove that the facility was responsible for giving you Coronavirus you potentially have a medical malpractice lawsuit for negligent transmission or failure to follow protocol. However, proving this can be extremely difficult. The way this gets sticky is that if one was treated onsite at a medical facility in the midst of a pandemic, the facility may have the defense of “force majeure“. Force majeure is described on Wikipedia as “a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, plague, virus or an act of God”. The likelihood that one would be able to recover compensation depends on the circumstances.

What are Your Losses?

Something one must always think about when considering a lawsuit is what your provable & verifiable losses are. If you contracted Coronavirus & you can prove the source and negligence, but you only had a mild case there’s likely no cause for a lawsuit. In this type of circumstance, an attorney would likely tell you that you’re lucky and move on. If there’s no losses, there’s likely no compensation. If you’re losses are limited to some lost wages and minor medical bills you may be due some compensation but it may not be worth your time (or a lawyer’s) to pursue it legally. If you can prove significant losses ($30,000+), a lawyer may take your case on contingency.

Death Due to COVID-19

If a spouse, parent, child or close family member died due to contracting Coronavirus, the source can be identified, and the transmission method can be proven you probably have grounds for a wrongful death lawsuit.

Seeking Legal Counsel

If you still have questions regarding your matter, you should seek the advice of a competent lawyer who’s experienced with your particular type of claim. If your claim involves your job talk to an employment lawyer, if it involves injury or death talk to a personal injury attorney, etc. There are also a number of scenarios outlined on https://www.covid-19settlements.com/ that discuss potentially actionable circumstances & lawsuits. This article is not legal advice, and is not written by a lawyer. Before taking, or not taking legal action you should consult an experienced attorney to discuss the details of your matter.

Immigration Updates in the Midst of COVID-19

The World Health Organization (WHO) has declared the outbreak of the novel coronavirus (COVID-19) as a pandemic. Similar to other recent health emergencies, the governments in various jurisdictions have executed a range of immigration-related measures that would help contain the spread of COVID-19. These temporary measures include:

  • Jurisdictions have implemented restrictions on individuals seeking to enter the country or travel to another, especially those who have been in a country or region that has been impacted by COVID-19. Some countries have gone as far as temporarily prohibiting the entry of all nonresidents and noncitizens.
  • Multiple jurisdictions are mandating individuals who have visited an affected region to be quarantined upon entry. Even when a quarantine is not in order, a widespread of jurisdictions have introduced supplementary procedures to screen travelers at the ports of entry. When traveling, individuals should expect to undergo possible health screenings. Individuals who are exhibiting any sign of sickness should expect a possible quarantine, even when a quarantine is not being mandated.
  • There are many countries who have fully closed visa application centers and consular posts for non-emergency services. It is important to check government websites for official information on these types of office closures.
  • Notices against nonessential international travel have been issued by a widespread number of health officials across the globe. Travel to jurisdictions where the COVID-19 outbreak is the most severe is highly restricted. Individuals who seek to travel are advised to check official government websites for specific information on all travel restrictions.

Suspensions and Restrictions When Traveling to the United States

The White House has published the following COVID-19-relates proclamations relating to U.S. travel.

  1. Proclamation 9984 – As of Jan. 31: Proclamation of a Suspension of U.S. Arrival as Immigrants of Individuals Who Pose a Potential Threat of Transmitting the 2019 Coronavirus. Proclamation 9984 cites the Immigration and Nationality Act 21299(f) that allows a suspended entrance into the United States of all immigrants and non-citizens that were present in the P.R of China, with exclusions to the Special Autonomous Areas of Macau and Hong Kong, during the fourteen day time period preceding a physical entrance or an attempted entrance into the U.S. The COVID-19 traveling ban is being upheld as of 5:00 p.m. EST on Feb. 02, 2020.
  2. Presidential Proclamation – As of Feb. 29: Proclamation on a Suspension of U.S. Arrival as Immigrants of Additional Individuals Who Pose a Potential Threat of Transmitting the Novel Coronavirus. The Presidential Proclamation cites the Immigration Nationality Act 212(f), which will suspend entrance into the United States of all immigrants and non-citizens that were present in the Islamic Republic of Iran within the fourteen day time period preceding their entering or their attempted entrance into the U.S. This COVID-19 travel ban has been set in effect as of 5:00 p.m. EST on March 2nd, 2020. It should be noted that the proclamation will not be applicable to those aboard an airplane that was scheduled for a landing in the U.S. that departed prior to the effective time and date.

Speak to an Experienced Immigration Law Attorney

At the King Immigration Law Group, it is of utmost importance to bring reliable legal counsel to those who are in need of legal immigration resources. The novel coronavirus brings about a confusing and stressful time for many people across the world. If you are unsure of your immigration status amid the COVID-19 outbreak, contact the support of an attorney you can trust. Contact the support of Attorney Oliver King today.

$160 Million Verdict Awarded in Case Involving Attack at Club on Las Vegas Strip

A Las Vegas jury awarded $160 million to a New York City hedge fund manager who sued The Cosmopolitan of Las Vegas, Roof Deck Entertainment LLC as well as the manager of the club and security guards who worked there.

The man filed a lawsuit claiming that in April of 2012 he was attacked by a manager and security officers at the Marquee nightclub. He was managing a $1 billion hedge fund and earned roughly $11 million a year in his job, but due to his injuries he claimed he was no longer able to perform his duties.

The lawsuit claimed security officers forced the man into a security room and demanded his ID and credit card after he’d already paid a $10,000 bill.

The man’s attorney, Paul Padda, wrote in the complaint that Marquee staff and mangers shoved the man to the ground and caused his head to hit the concrete surface forcefully. The suit went on to claim the man’s head was repeatedly hit by the security and manager and his head was smashed into the concrete. They then mocked and questioned him and he feared for his life.

The man was later taken to Desert Springs Hospital for his injuries where he was diagnosed with a concussion, a bruised right eye, head swelling, sore arms, knees and neck. The complaint alleges he has difficulty walking and concentrating, endures headaches, anxiety and was diagnosed by a neurosurgeon with a traumatic brain injury.

His fund was ultimately shut down and he has been unable to get work.

After this incident, another couple attending an insurance convention was attacked by security staff at the Marquee club and they also filed a lawsuit.

It was a five-week trial where the defense attorneys claimed the man actually attacked the staff first and did not suffer any brain injuries during this altercation.

Boy Injured at Cowabunga Bay Near Las Vegas Agrees to $49 Million Settlement

The family of a boy injured by nearly drowning at Cowabunga Bay reached a $49 million settlement with the water park located in Henderson, NV.

A then six-year-old named Leland Gardner was submerged for some time in May of 2015 and had already incurred over $900,000 in medical bills before the agreement had been reached. The lawsuit filed alleged Cowabunga did not have enough lifeguards on duty to help Leland when he was underwater.

Personal injury attorney Donald Campbell represented the boy and his family and stated in the suit that there were six (6) lifeguards on duty at Cowabunga Bay’s Surf-A-Rama Wave Pool but that the Southern Nevada Health District said the park needed at least 17. The health district issued a report stating the water park submitted a proposal that met with expectations but failed to actually maintain the adequate lifeguard coverage at the wave pool on multiple occasions.

The boy had gone on a playdate with a friend and the friend’s father and was not wearing a life jacket when he went into the wave pool. The boy fell off his inner tube and was submerged underwater. The boy was hospitalized for weeks because of neurological damage because he from hypoxic and anoxic brain injury which disrupted the flow of oxygen to the brain. He requires 24-hour care for grooming, dressing, bathing, sitting and all other functions. He is fed through a tube in his abdomen according to the settlement.

A medical expert reported he could live for decades and his medical costs would be between $40 million and $59 million.

$1.8 Million Verdict Awarded to Las Vegas Man in Medical Malpractice Case

A Las Vegas jury awarded $1.8 million to a man who had a 57-inch wire left in his body after surgery.

The surgical error case involved a 70-year-old man who lived for a decade with this almost 5-foot long wire in his body due to a surgical error following angioplasty. The medical malpractice suit was against a cardiologist who performed the surgery in 2005 as well as against his company, Heart Center of Nevada.

The man, German “OT” Ortiz and his wife Angela were represented by plaintiff attorney James J. Jimmerson. Ortiz is a 22-year veteran of the Air Force who received a Bronze Star for his service and has lived in Las Vegas for three decades. He is a minister and youth pastor at Cornerstone Christian Academy and Preschool and had two-thirds of the wire removed for a heart procedure. They are still more than 20 inches of wire stretching down to his thigh.

The wire was inserted when he went to University Medical Center emergency room 14 years ago while experiencing shortness of breath. Doctors found he had congestive heart failure and that Ortiz needed an angiogram where a catheter is inserted through the bloodstream to distribute a dye allowing doctors to take a picture of blood vessels. When it was removed, a guide wire remained in his body.

The doctor was represented by Patricia Daehnke who denied the doctor had any clue the wire had been left in the patient’s body and in fact did not know until the lawsuit had been filed.

Ortiz’s medical malpractice lawyer Mr. Jimmerson claimed the doctor’s arrogance lead to him denying his responsibility for the wire. Mr. Ortiz was also represented by James M. Jimmerson.

Las Vegas Hospital Settles $63 Million Brain Damage Case

A medical malpractice lawsuit brought by a woman who claimed that the failure of a hospital employee to begin emergency resuscitation quickly enough during surgery left her with permanent brain damage settled the case for an undisclosed amount.

Billed as a $63 million lawsuit, the case involved plaintiff Elisa Sales and Summerlin Hospital Medical Center located in Las Vegas, NV. The confidential settlement was reached shortly after the jury heard closing arguments in a trial involving 15 days of testimony. The plaintiff’s attorney was Sean Claggett of the Claggett & Sykes Law Firm who accused the Summerlin doctors and supporting staff of failing to act in a timely manner when Ms. Sales went into respiratory arrest during what should have been a routine outpatient pacemaker replacement.

Attorney Claggertt argued in the medical malpractice lawsuit that the lack of blood flow to Ms. Sales’ brain left her with the mental capacity of a child and asked the jury to award he rand her husband up to $63 million in damages.

Summerlin Hospital was represented by Michael Prangle of Hall Prangle & Schoonveld and he argued the hospital’s resuscitative efforts were consistent with the standard of care. He also argued that Ms. Sales’ alleged neurological impairment was the result of a pre-existing condition.

Both attorneys argued over how and when current medical standards dictate emergency resuscitation should begin as well as whether Ms. Sales condition during the surgery required such measures. Neither attorney talked to the media after the confidential settlement was reached.

The trial included 18 factual witnesses and 13 expert witnesses.

The case is The case is captioned Elisa Sales v. Summerlin Hospital and Medical Center, case number A-17-758060-C in the 8th District Court of Nevada, Clark County.

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