Lawmakers and Gov. Phil Murphy rushed last spring to protect hospitals and nursing homes from lawsuits as they faced an onslaught of COVID-19 patients and the unprecedented challenge of caring for them.
More than a year later, and far from the dire circumstances of the first wave, New Jersey s political leaders are not eager to scale back the protections, even though nearby states have lifted theirs and advocates, lawyers and a small group of lawmakers here say they are no longer needed.
As a result, countless families have virtually no legal recourse to hold health care facilities accountable for deaths or injuries related to COVID-19 as long as Murphy keeps his health emergency order in place.
TRENTON A Senate committee advanced a bill that would make it easier for people to take their insurance companies to court after crashes with an uninsured or underinsured driver, despite warnings that it could lead to higher car insurance premiums in New Jersey.
The Senate Commerce Committee advanced the legislation, S1559, after changing it to remove provisions that would have entitled successful claimants to pre-judgment interest, attorney’s fees and litigation expenses. They would be entitled to actual damages awarded by a jury.
“It’s even more narrowly tailored than it was before, so it really is just a matter of fundamental fairness,” said Sen. Nicholas Scutari, D-Union.