Four landmark appellate and supreme court rulings in 2026 have shattered any expectation that covid immunity medical malpractice law was settled. Indiana, Wisconsin, Illinois, Michigan, Maryland, and Pennsylvania have all issued significant decisions this year — and they point in opposite directions. If you or a family member suffered harm during pandemic-era healthcare between 2020 and 2022, where your injury occurred may now be the single most important factor determining whether you can recover compensation at all. This state-by-state breakdown explains exactly where the law stands in 2026 and how to assess your claim’s viability.
Why 2026 Is the Pivotal Year for COVID Immunity Medical Malpractice Claims
The wave of emergency immunity statutes passed by state legislatures in 2020 was always intended to be temporary — but their legal aftershocks are playing out right now. Courts across the country are being asked, for the first time, whether those broad protections were constitutional, whether they apply to care that was only loosely connected to the pandemic, and whether hospitals abused them as a blanket shield against all accountability. The result is a genuine circuit split that leaves claimants in radically different legal positions depending on their state. According to the Insurance Information Institute, the national average malpractice settlement in 2026 sits between $385,000 and $425,000 — but in states where immunity holds, claimants are being dismissed before any settlement is even possible, recovering nothing.
States Where COVID Immunity Blocks Claims Outright
Indiana: Broad Immunity Upheld, Including Secondary Complications
On March 4, 2026, the Indiana Supreme Court issued one of the most defendant-friendly rulings of the year in Waggoner v. Anonymous Health System. The case involved the estate of Elmer Waggoner, a patient placed on a ventilator during the public health emergency who developed a severe pressure wound — a bedsore — and ultimately died. More than 80 providers were named in the suit. The court held that hospitals and clinicians are immune from civil malpractice claims arising from COVID-19 treatment during the declared emergency, and critically, that immunity extends to secondary complications such as pressure ulcers resulting from ventilator use. Indiana claimants whose injuries are even tangentially connected to COVID care face an almost insurmountable barrier in 2026. If your loved one died in an Indiana facility during the pandemic, consult a wrongful death calculator to understand potential value before evaluating whether any viable legal pathway remains.
Wisconsin: Constitutional Challenge Fails Unanimously
On April 10, 2026, the Wisconsin Supreme Court unanimously upheld the state’s COVID-era immunity law, rejecting the argument that it violated the right to a jury trial. The case was brought by the family of Savannah Wren, whose baby died at Ascension Columbia St. Mary’s Hospital after doctors allegedly waited too long to induce labor in May 2020. The court ruled that the immunity statute — which shields providers until 60 days after the pandemic emergency declaration expires — is constitutionally sound. Wisconsin’s ruling eliminates jury trial rights for a defined class of claimants and makes it one of the strongest immunity jurisdictions in the country. Families pursuing covid immunity medical malpractice claims in Wisconsin should understand that the constitutional avenue is now closed after this unanimous decision. You can review Wisconsin’s underlying immunity statute directly through the Wisconsin State Legislature’s official statutes portal.
States Where Courts Have Narrowed COVID Immunity in 2026
Illinois: Immunity Does Not Cover 2021 Non-Pandemic Care
The Illinois Appellate Court issued a plaintiff-favorable ruling on October 7, 2026, reviving a malpractice suit against a nurse practitioner. The court held that emergency-management immunity did not apply to care provided in 2021, drawing a meaningful line between acute pandemic-period care and care delivered later when the direct emergency nexus had weakened. The ruling is expected to affect nearly a dozen other pending cases in Illinois courts. This is a significant narrowing: if you received care in Illinois during 2021 that resulted in harm — and that care was not directly tied to COVID-19 treatment — your covid immunity medical malpractice claim may survive. Illinois claimants should carefully document the nature and date of their care, as the immunity analysis turns on the direct connection between the alleged negligence and pandemic conditions.
Michigan: Beaumont Hospital Loses Blanket Immunity Defense
On July 28, 2026, the Michigan Appellate Court reversed a trial court’s grant of immunity to Beaumont Hospital Farmington Hills under Michigan’s Pandemic Health Care Immunity Act. This reversal signals that Michigan courts are unwilling to apply pandemic immunity as an automatic, unchallenged shield. By overturning blanket immunity, Michigan’s ruling opens the door for claimants whose injuries occurred at the facility to proceed with their cases. Michigan joins Illinois as a jurisdiction where covid immunity medical malpractice defenses are being actively contested and, in some cases, defeated. Claimants in Michigan should use a personal injury settlement calculator to estimate baseline compensation ranges as they assess whether proceeding is financially viable given the costs of litigation.
Maryland: No Absolute Immunity, Good-Faith Standard Required
Maryland’s Appellate Court clarified on May 4, 2026, in Smith v. Upper Chesapeake Medical Center that the state immunity statute does not provide absolute or blanket immunity. Instead, protection applies only to good-faith care delivered in compliance with emergency directives. This is a critical distinction: Maryland providers who deviated from emergency protocols, acted in bad faith, or ignored applicable directives may not be protected. Claimants in Maryland should focus their investigation on whether the provider actually followed the relevant emergency guidance at the time of treatment — because immunity is conditional, not automatic.
Pennsylvania: Pandemic Nexus Must Be Directly Linked
Pennsylvania’s Appellate Court narrowed COVID-era immunity defenses in October 2026, reviving claims where pandemic conditions were not directly linked to the alleged malpractice. Like Illinois, Pennsylvania is drawing a causation line: the mere existence of the pandemic is not sufficient to trigger immunity. Providers must demonstrate a genuine operational or clinical connection between COVID-19 conditions and the care that is being challenged. Pennsylvania claimants whose injuries arose from neglected non-COVID conditions — delayed cancer screenings, surgical errors, medication mistakes — have meaningful grounds to pursue their claims in 2026. For a comprehensive overview of negligence standards that apply to these cases, Cornell Law School’s Legal Information Institute provides a thorough foundational reference.
The Federal Layer: PREP Act Immunity Adds Complexity
Separate from state statutes, the federal Public Readiness and Emergency Preparedness (PREP) Act creates an additional immunity layer that courts are inconsistently applying. In September 2026, the 2nd U.S. Circuit Court of Appeals ruled in Kory v. Waters that the PREP Act shielded a physician from malpractice claims where the prescribed drug had a sufficient causal connection to COVID-19 treatment. This means claimants in states with weakened state-level immunity may still face a federal PREP Act defense if the treatment involved a covered countermeasure — including certain drugs, vaccines, or medical devices deployed for COVID response. Understanding whether the PREP Act applies to your specific treatment is essential before assessing case viability. Review the official PREP Act framework through the U.S. Department of Health and Human Services.
State-by-State COVID Immunity Status: 2026 Data Table
| State | Key 2026 Ruling | Immunity Status | Claim Viability | Key Threshold |
|---|---|---|---|---|
| Indiana | Waggoner v. Anonymous Health System (March 4) | Broad — upheld | Very low | Includes secondary complications |
| Wisconsin | Wren v. Ascension (April 10) | Broad — constitutional | Very low | Shields until 60 days post-emergency |
| Illinois | Nurse practitioner case (October 7) | Narrowed | Moderate–High (2021 care) | Must show non-pandemic nexus |
| Michigan | Beaumont Hospital (July 28) | Narrowed — blanket immunity reversed | Moderate–High | Case-specific analysis required |
| Maryland | Smith v. Upper Chesapeake (May 4) | Conditional | Moderate | Good-faith compliance required |
| Pennsylvania | Appellate ruling (October 2026) | Narrowed | Moderate–High | Direct pandemic nexus required |
| Federal (PREP Act) | Kory v. Waters (September 2026) | Applies to covered countermeasures | Low if PREP applies | Causal link to COVID treatment required |
How to Assess Your COVID Immunity Medical Malpractice Claim in 2026
Given the divergent rulings across states, assessing a covid immunity medical malpractice claim in 2026 requires a structured analysis. Start with four questions: (1) What state did the care occur in? (2) What was the date of treatment? (3) Was the care directly related to COVID-19 or pandemic operations, or was it routine care disrupted by pandemic conditions? (4) Did the provider follow applicable emergency directives at the time? Your answers will immediately place your claim in one of three categories — blocked, contested, or viable. In states like Illinois, Michigan, Maryland, and Pennsylvania, even claims that appeared dead may now have a path forward. In Indiana and Wisconsin, the legal barriers remain formidable unless a specific exception applies. Claimants alleging serious neurological harm from delayed or negligent pandemic-era care should also evaluate their situation with a brain injury calculator to understand the full range of compensable damages before making litigation decisions.
Frequently Asked Questions About COVID Immunity and Medical Malpractice
Does COVID immunity completely bar all medical malpractice claims from 2020–2022?
No. Covid immunity medical malpractice law varies dramatically by state. States like Indiana and Wisconsin have upheld broad immunity, but states like Illinois, Michigan, Maryland, and Pennsylvania have narrowed or conditioned immunity in 2026 rulings. Whether your claim is barred depends on the state where care was provided, the date of treatment, and the direct connection between the alleged negligence and pandemic-related operations.
What is the PREP Act and how does it affect my malpractice claim?
The federal Public Readiness and Emergency Preparedness Act creates a separate immunity layer for healthcare providers using covered countermeasures — including certain COVID-19 drugs, devices, and treatments. In September 2026, the 2nd U.S. Circuit ruled in Kory v. Waters that the PREP Act shielded a physician where the prescribed drug had a sufficient causal connection to COVID treatment. Even if state-level immunity has been narrowed in your jurisdiction, a PREP Act defense may still apply if the treatment involved a federally covered countermeasure.
My family member died in a Wisconsin hospital during the pandemic — can we still sue?
Wisconsin’s April 10, 2026, Supreme Court ruling unanimously upheld the state’s COVID-era immunity law as constitutional, finding it does not violate the right to a jury trial. Providers are shielded through 60 days after the pandemic emergency declaration ends. Wisconsin wrongful death claims arising from pandemic-era care face extremely high barriers. Families should evaluate the specific facts carefully with qualified legal counsel to determine whether any exception — such as gross negligence or conduct outside the scope of emergency directives — might apply.
What types of pandemic-era injuries might still be recoverable in 2026?
In states with narrowed immunity — Illinois, Michigan, Maryland, and Pennsylvania — recoverable injuries may include harm from delayed elective procedures, misdiagnosed conditions unrelated to COVID, medication errors, and negligent post-acute care where no direct pandemic nexus existed. The Illinois Appellate Court specifically revived claims for care provided in 2021, when the acute emergency phase had lessened. Claimants with injuries arising from demonstrably non-COVID-related negligence have the strongest viability arguments in these jurisdictions.
How much compensation could I receive if my COVID immunity medical malpractice claim succeeds?
The national average malpractice settlement in 2026 is approximately $385,000 to $425,000 according to industry data, though individual case value depends on severity of injury, economic losses, and jurisdiction-specific damage caps. Cases that survive immunity challenges and proceed to resolution are valued on the same compensatory factors as standard malpractice claims — medical costs, lost income, pain and suffering, and wrongful death damages where applicable. Cases currently being dismissed under immunity provisions are denying claimants any recovery, making the threshold immunity analysis the most financially consequential step in the process.
Legal disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice, create an attorney-client relationship, or substitute for consultation with a licensed attorney in your jurisdiction.
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Christine Norwood is a medical malpractice research analyst with a background in healthcare quality and medical-legal analysis. She specializes in helping patients and families understand their rights when harmed by medical negligence. Ms. Norwood is not a physician or attorney and the information provided is for educational purposes only.