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Executive Order protecting healthcare facilities from lawsuits extended to November 9

About 64 percent of the state's deaths from COVID-19 happened in nursing homes.

BRANFORD, Conn. — A controversial executive order shielding hospitals and nursing homes from lawsuits related to how they cared for patients with covid-19 was just extended.

"I don't know if they were capable of handling what went down. I'm not sure they were. I'm not sure that any of these places were," says Ellyn Popielski, whose husband, Stanley, died of coronavirus at Branford Hills nursing home.

About 64 percent of the state's deaths from COVID-19 happened in nursing homes. She says she wasn't given any information about protocols at the nursing home during the pandemic until after his death.

"I found out that there were many people that had passed away, some of which were on the wing my husband was on," says Popielski. "[A]nd I just felt like I never had any closure, I never could find out what unraveled."

Ellyn is unable to sue Branford Hills Healthcare Center because of an executive order signed by Governor Lamont giving immunity to healthcare facilities. All executive orders instated by Governor Lamont in the beginning of the pandemic have been extended to November ninth.

"There has to be some responsibility and without having an ability to hold people accountable, I don't think this gets us where we need to be," says Senator Cathy Osten.

The executive order prevents families from seeking damages in courts for their loved one's injuries or deaths except in cases of "crime, fraud, malice, gross negligence or willful misconduct".

"Sometimes that's hard to prove, so that's my concern," says Osten.

Osten says the current fines the state can impose are a slap on the wrist.

"The fines that have been put out there have been smaller, one thousand dollars, a couple thousand dollars. That's certainly not what a life is worth," says Osten.

Ellen says her motives are not monetary. She wants answers to the questions she has about how her husband contracted COVID.

"They were sending out these emails from the director that they were following the CDC rules and regulations, but it didn't help my husband. It didn't help me," says Popielski.

The Governor's Office says they are determining which executive orders will be extended or cancelled between now and the end of the public health and civil preparedness emergencies.

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