Supreme Court of Delaware
Brandywine Nursing and Rehabilitation Center, Inc. v. Terri Hansen, Personal Representative of the Estate of Charles…
March 16, 2023
Summary
The Supreme Court of Delaware refused to accept an interlocutory appeal from the Superior Court's denial of a nursing facility's motion to dismiss COVID-19 negligence claims based on immunity under the PREP Act. The Court agreed that the criteria for interlocutory review were not satisfied and that the benefits of review did not outweigh the resulting inefficiency, disruption, and costs.