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GLRR OBTAINS PRE-ANSWER DISMISSAL IN FAVOR OF NURSING HOME ON GROUNDS OF EDTPA IMMUNITY

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GLRR OBTAINS PRE-ANSWER DISMISSAL IN FAVOR OF NURSING HOME ON GROUNDS OF EDTPA IMMUNITY

GLRR 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. GLRR 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 GLRR 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 GLRR Partner, Michele Levin and Of Counsels Richard Fedrow and Jenna Fierstein.