Gallardo Levin Reiter & Rogers Partner secured the dismissal of a wrongful death claim against an assisted living facility alleging that a resident of the facility died of complications from COVID-19 contracted during the admission. Gallardo Levin Reiter & Rogersargued that the facility was entitled to immunity under New York’s Emergency Disaster Treatment Protection Act, which was intended to insulate health care facilities from civil or criminal liability for the care rendered at the inception of the pandemic, when little was known about the novel virus and how it should be treated. The Act was initially interpreted to convey broad immunity from legal liability for negligence, but has since been amended to more strictly confine the immunity to the treatment of patients presenting with a diagnosis of COVID-19. Gallardo Levin Reiter & Rogers convinced the court that the amendment did not apply retroactively, and that all criteria was met for its application of full immunity in this case. The case was handled by Gallardo Levin Reiter & Rogers partner, Michele Levin, and our associate Harold Kang.
Sophisticated Defense Strategies For New York Trial And Appellate Matters