Litigation may take a long time. A chronically ill or elderly litigant may die during the litigation. The survival action allows the estate of that now deceased litigant to carry on the recovery of those damages.
In the wake of COVID-19 staffing shortages, supply chain breakdowns, and increased patient loads, a handful of states granted civil immunity to nursing homes, long-term care facilities, and health care systems.
In 1950, the United States Supreme Court heard and decided the case of Feres v. United States, 340 U.S. 135 (1950). The widow of an Army Lieutenant had brought suit against the federal government under the Federal Tort Claims Act (FTCA) after a fire in...