Shook Partners Brad Bodamer and Matt Keenan have authored an article for McKnight’s Senior Living on anticipated litigation against senior living facilities in the midst of the COVID-19 pandemic. “Holding senior living communities and skilled nursing facilities – facilities that care for some of society’s most frail residents – to a standard that is impossible to meet hardly sounds evenhanded in a country where justice for all is a founding principle,” they assert.
Keenan and Bodamer provide advice on best practices for senior living facilities to follow to position themselves favorably in any potential litigation resulting from their responses to COVID-19. “As long-term care facilities continue to provide extraordinary care in extraordinary times, so too will they need an extraordinary strategy as they mount their defense, which must be aggressive, cohesive and unifying among all stakeholders,” they conclude. “In addition to preparation for probable litigation, working closely with specialized counsel can help facilities keep abreast of legal developments, coordinate internal and external responses to COVID-19 challenges, and cultivate the 'real-time' company story as it – and the science – develops.”