Pennsylvania Home Care Firm Denied Immunity Ruling in Covid Suit

Two elderly Pennsylvania residents can go to trial on claims against a home health-care agency whose employee allegedly negligently infected them with Covid-19, after a state appeals court said the agency wasn’t immune from suit.

OSPTA Home Care & Hospice wasn’t entitled to immunity under the federal Public Readiness and Emergency Preparedness Act because it wasn’t clear its employee used measures designed to stop the virus’s spread or whether the firm was a “covered person” under the act, the Pennsylvania Superior Court said Tuesday.

Judgment on the pleadings before trial wasn’t appropriate because the PREP Act provides immunity only from ...