Photo of Litigation Blog James C. Sawran jsawran@smsm.com
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James C. Sawran is the managing shareholder of the firm's Ft. Lauderdale office. He defends professionals and healthcare clients in a range of high-stakes litigation …

Showing 2 posts by James C. Sawran.

In Defense of Long-Term Care Facilities: Immunity, and What to do if There is Not Any

COVID-19 cast the entirety of the healthcare system into uncertainty. This is acutely evident in the long-term care setting, where per capita fatality rates remain high. The reasons? (1) The elderly and those with underlying health conditions are most susceptible to severe illness from COVID-19; and (2) those in close quarters, unable or unwilling, to observe social distance parameters, are also at increased risk. When you combine those two risk factors in one setting, this explains the reason that long-term care facilities were, and continue to be, hard hit by COVID-19.  More »

Retro-Fitting Reservations: The Re-Opening of Restaurants Amidst the COVID-19 Crisis

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The restaurant business, a staple of American life. Eating out offers the opportunity to skip the cooking, be waited on and enjoy a variety of foods you would not otherwise prepare at home. Restaurants also provide the venue for those special occasions with friends and family - birthdays, anniversaries, graduations, and other memorable events. The establishments providing these services are known not just for their food, but for their ambiance, entertainment and social value. However, as the COVID-19 Coronavirus began impacting the United States, governments of the various states immediately took action to stem the spread of the virus. First and foremost, social distancing measures were implemented to ensure that individuals maintained a "safe and healthy distance" from one another - this required restaurants to immediately close their doors to the public. During the pandemic, restaurants began to adapt and allowed patrons to purchase food "to go", albeit via delivery or pick-up, but pick-up mostly required people to remain outside while employees, donned in surgical masks and gloves, brought the food to your car. Where does this leave us now? As the various states begin to "re-open," will restaurants return to what we consider "normal" or will the dynamic of the restaurant industry change in an effort to keep its employees and customers safe, and prevent liability for the unintentional transmission of COVID-19 or any other disease? After all, eating is one activity that cannot be accomplished whilst wearing a mask. More »

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