Professional Negligence Law Reporter

A Michigan appellate court held that COVID-19 immunity did not apply to a medical negligence suit against a hospital and various medical providers.

During the COVID-19 pandemic, nursing home resident Shirley Jokinen received treatment at a hospital after a fall. She later died after developing skin deterioration and an infected pressure sore. Her estate sued several of her treating providers and the hospital, alleging medical negligence. The trial court granted summary judgment for the defense under the Pandemic Health Care Immunity Act (PHCIA), Mich. Comp. Laws §691.1471 et seq.

Reversing, the appellate court held that the defendants were not immune from liability for medical and ordinary negligence under the PHCIA, which applies to injuries sustained from services provided by a health care provider or facility in support of the state’s COVID-19 pandemic response. Here, the court found, Jokinen was not admitted to the hospital with COVID-19 symptoms and was not treated for COVID-19. The court rejected the defense argument that its alleged failure to properly diagnose and treat Jokinen’s pressure ulcers resulted from the type of demands and uncertainty considered by the state legislature and the governor when the law was enacted. If it were to accept the defense argument, the court said, few medical malpractice suits arising from acts and omissions occurring during the pandemic could proceed.

Consequently, the court remanded the case.

Citation: Jokinen v. Beaumont Hosp. Troy, 2025 WL 1635278 (Mich. Ct. App. June 9, 2025).

Plaintiff counsel: Kevin Oliver, Livonia, Mich.