In the Press
May 1, 2023

'Fog Of War' No Alibi? Outbreak Case's Ruling Bolsters Gov't (Law360)

The revival of a landmark COVID-19 criminal neglect case by Massachusetts' top court raised eyebrows for observers, who questioned whether a judicial reluctance to take into account the chaos surrounding pandemic protocols in the early days of the crisis could lead to prosecutions in other areas. Complex Litigation & Dispute Resolution partner and former healthcare fraud prosecutor Miranda Hooker said that the case raises interesting questions about how the courts might conflate someone not knowing what to do in an unprecedented situation with the intent to actually do something wrong. "I would hope that other prosecutors would not use a conviction in the Soldiers' Home case to bring cases where the intent is potentially on the line," Hooker said to Law360. "Relating to COVID, where there was an incredible amount of uncertainty and lack of guidance and direction from the government, I would hope that prosecutors would think critically about [whether to bring cases]."