Gallardo Levin Reiter & Rogers secured dismissal of a nursing home negligence, violation of resident rights, and wrongful death complaint in favor of the residential health care facility. The plaintiff alleged negligence with respect to care and treatment of the resident prior to March 2020 and negligence with respect to the resident’s development and management of COVID 19 in April 2020 which resulted in her death. Gallardo Levin Reiter & Rogers argued that the facility was entitled to immunity under New York’s Emergency Disaster Treatment Protection Act (EDTPA) for all COVID-19 claims and that the facility complied with standards of care for all care that fell outside EDTPA immunity. Although the plaintiff submitted opposition papers supported by an expert, the Supreme Court agreed that Gallardo Levin Reiter & Rogers established that all criteria was met for application of full EDTPA immunity to the facility was not negligent in its care for the resident prior to March 7, 2020. The case was handled by Gallardo Levin Reiter & Rogers Partner, Michele Levin and Of Counsel Jenna Fierstein.
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