Gallardo Levin Reiter & Rogers secured a pre-answer dismissal of a nursing home negligence, violation of resident rights, and wrongful death complaint in favor of a residential health care facility. The plaintiff alleged negligence with respect to fall prevention, poor infection control, and lack of COVID 19 preparation which led to the plaintiff’s fall, contraction of COVID 19, and death from complications. Gallardo Levin Reiter & Rogers argued that the facility was entitled to immunity under New York’s Emergency Disaster Treatment Protection Act (EDTPA). Although the plaintiff submitted lengthy opposition papers, the Supreme Court agreed that Gallardo Levin Reiter & Rogers established that all criteria was met for application of full EDTPA immunity to its client in this case. We are once again pleased to obtain a dismissal against the medical professionals who served on the front-line during the COVID 19 pandemic. The case was handled by Gallardo Levin Reiter & Rogers Partner, Michele Levin and Of Counsels Richard Fedrow and Jenna Fierstein.
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