On eve of trial, Jhanelle Graham Caldwell and Victoria Thornton obtain summary judgment on COVID Immunity in the Circuit Court for Montgomery County
Goodell DeVries lawyers Jhanelle Graham Caldwell and Victoria Thornton obtained summary judgment and dismissal of the Plaintiffs’ claims in the Circuit Court for Montgomery County on October 24, 2025.
The case involved an elderly patient who was admitted to a local hospital on March 27, 2020 due to altered mental state. His medical history included diabetes, chronic kidney disease, dementia, congestive heart failure, and metastatic lung cancer. A chest x-ray showed mild to moderate pleural effusions, low lung volumes, and likely pneumonia. Additionally, the patient tested positive for influenza B. A coronavirus test was not performed because the patient did not meet the limited screening criteria at the time, but COVID-19 precautions were taken nonetheless.
The defendant acute care nurse practitioner assumed care of the patient on March 30, 2020 and consulted with a nephrologist to manage his acute kidney failure. The nephrologist monitored the patient’s condition with the nurse practitioner and determined that he was stable for discharge on April 2, 2020. The patient’s kidney function and pleural effusions were relatively unchanged during the admission; however, his mental state improved, his vital signs were stable, and he was breathing well on room air. After making arrangements with the family for skilled home health care and discussing discharge precautions, the nurse practitioner discharged the patient to his home on April 3, 2020. The following night, the patient died at home. An autopsy revealed multiple causes of death, which were consistent with the patient’s longstanding medical conditions.
The patient’s children and estate filed suit in Montgomery County Circuit Court alleging medical negligence by the nurse practitioner in the treatment rendered to their father and the decision to discharge him without initiating dialysis or treating his congestive heart failure. The defendant denied the plaintiffs’ allegations and contended, through qualified experts, that her care was wholly reasonable under the circumstances.
On the eve of trial and after two years of litigation, the Montgomery County Circuit Court judge heard arguments from the parties on the Defendant’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment on COVID immunity. Relying upon Governor Hogan’s Catastrophic Health Emergency Proclamation of March 5, 2020 and Maryland Public Safety Article § 14-3A-06, Jhanelle persuaded the Court that the defendant nurse practitioner was acting under the Governor’s proclamation and was entitled to immunity from civil liability under Md. Public Safety Article § 14-3A-06. Accordingly, the trial judge granted summary judgment for the defendant and dismissed plaintiffs’ claims with prejudice. The defense team is thrilled with this result for our client, who served on the front lines of the COVID-19 pandemic amidst the many uncertainties of that time.
