Josh Cohen and Dylan Braverman prevailed in obtaining dismissal of all claims brought against a busy Brooklyn Hospital based on the COVID-19 immunities. Plaintiff brought a malpractice action due allegedly developing pressure ulcers and sepsis during the hospitalization. While the patient was initially not being treated for COVID-19, plaintiff tested positive during the admission. The Kings County judge found that the evidence submitted in support of the hospital demonstrated the criteria triggering the EDTPA immunity and granted to summary judgment motion dismissing all claims. The court described the EDTPA as a blanket immunity, and stated that it is triggered whether the impact is positive, negative, or neutral – ‘it merely requires the treatment be impacted.
Barker Patterson Nichols, LLP’s Post
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