The COVID-19 pandemic reshaped nearly every aspect of American life, and its legal aftermath continues to unfold years later. From nursing home negligence and workplace safety failures to medical malpractice and insurance disputes, the pandemic created a wide range of legal claims that New Mexico residents may still be able to pursue. Understanding the types of post-coronavirus lawsuits and the legal landscape surrounding them is essential for anyone who suffered harm during or as a result of the pandemic.
While federal and state governments enacted various liability protections during the pandemic, these protections were not absolute. Many types of claims remain viable, particularly those involving gross negligence, willful misconduct, or violations of established safety standards.
Types of Post-Coronavirus Lawsuits
Nursing Home and Long-Term Care Facility Claims
Nursing homes were devastated by COVID-19, with residents accounting for a disproportionate share of pandemic deaths. Families have filed lawsuits alleging that facilities failed to implement adequate infection control measures, failed to isolate infected residents, concealed outbreak information from families, operated with dangerously inadequate staffing, and failed to provide personal protective equipment (PPE) to staff.
In New Mexico, nursing homes are required to meet specific standards of care under both state and federal regulations. Facilities that failed to meet these standards — resulting in preventable COVID-19 infections and deaths — may be liable for negligence or medical malpractice.
Workplace Exposure Claims
Essential workers who were required to work in person during the pandemic — including healthcare workers, grocery store employees, meatpacking plant workers, and first responders — may have claims against employers who failed to provide adequate safety measures. These claims can include:
- Failure to provide PPE
- Failure to implement social distancing protocols
- Failure to notify workers of known exposures
- Retaliation against workers who raised safety concerns
Medical Malpractice Claims
The pandemic created unprecedented challenges for healthcare providers, but the standard of care was not suspended. Medical malpractice claims related to COVID-19 include:
- Misdiagnosis or delayed diagnosis of COVID-19
- Failure to treat COVID-19 complications appropriately
- Negligent treatment of non-COVID conditions due to pandemic-related disruptions
- Delayed surgeries and procedures that resulted in worsened conditions
Business Interruption Insurance Claims
Many businesses that were forced to close or reduce operations during the pandemic filed claims under their business interruption insurance policies. Insurers have largely denied these claims, arguing that virus-related losses are not covered. Litigation over these denials continues in courts across the country.
Product Liability Claims
Defective PPE, faulty COVID-19 tests, and other pandemic-related products that failed to perform as advertised may be the subject of product liability claims.
Legal Protections and Limitations
The PREP Act
The Public Readiness and Emergency Preparedness (PREP) Act provides broad liability immunity for manufacturers, distributors, and administrators of “covered countermeasures” — including vaccines, medications, and medical devices used in response to a declared public health emergency. However, the PREP Act does not protect against claims of willful misconduct.
State Liability Protections
Some states enacted specific COVID-19 liability shields for businesses and healthcare providers. New Mexico’s protections were more limited than some states, and many types of claims — particularly those involving gross negligence or willful misconduct — remain viable.
Workers’ Compensation
Workers who contracted COVID-19 on the job may be eligible for workers’ compensation benefits. New Mexico expanded workers’ compensation coverage for certain essential workers during the pandemic. However, workers’ compensation does not preclude third-party claims against entities other than the employer.
Statute of Limitations Considerations
The statute of limitations for personal injury claims in New Mexico is three years from the date of injury or discovery (N.M. Stat. § 37-1-8). For medical malpractice, the deadline is three years from the date of the malpractice (NMSA § 41-5-13). Claims against government entities require notice within 90 days.
Given that many pandemic-related injuries occurred in 2020 and 2021, some statutes of limitations may be approaching or have already passed. Consulting an attorney promptly is essential.
Compensation Available
Depending on the type of claim, recoverable damages may include:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death damages
- Punitive damages for egregious conduct
Frequently Asked Questions
Can I sue a nursing home for a COVID-19 death?
Potentially, yes. If the facility failed to implement reasonable infection control measures and that failure contributed to your loved one’s infection and death, you may have a negligence or wrongful death claim. The specific facts of each case determine viability.
Can I sue my employer for COVID-19 exposure?
Workers’ compensation is typically the exclusive remedy against employers for workplace injuries. However, if your employer engaged in intentional or grossly negligent conduct, or if a third party (such as a property owner or equipment manufacturer) contributed to your exposure, additional claims may be available.
Is it too late to file a COVID-19 lawsuit?
It depends on when the injury occurred and the type of claim. With a three-year statute of limitations for most claims, injuries from early 2020 may be approaching the deadline. Consult an attorney immediately to evaluate your options.
Are COVID-19 vaccine injury claims possible?
Vaccine injury claims are handled through the Countermeasures Injury Compensation Program (CICP) under the PREP Act, not through traditional lawsuits. The CICP has specific requirements and limitations that differ from standard personal injury claims.
Contact Dominguez Law for a Free Consultation
If you or a loved one suffered harm related to COVID-19 — whether through nursing home negligence, workplace exposure, medical malpractice, or another cause — you may have legal options. At Dominguez Law, we can evaluate your situation and advise you on the best path forward.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
