July 25, 2024
Plaintiff brought a Wrongful Death and Public Health Law lawsuit against our client, which is the largest nursing home in the state of New York. The COVID-19 team argued that the claims were subject to the EDTPA immunity, and moved to dismiss prior to discovery. The court agreed and dismissed all claims. Once again, Brian […]
July 16, 2024
Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims brought against a NYC nursing facility who suffered greatly during the initial surge of COVID-19 in the Spring of 2020. Plaintiff claimed that the patient’s exposure to COVID-19 was due to infection control violations, and lack of resources resulting in death. Plaintiff claimed that […]
June 7, 2024
The Supreme Court of Bronx County found that the COVID-19 EDTPA immunity applied to all claims brought by a patient against a Bronx Hospital, and in doing so dismissal the case in its entirety. Dylan Braverman argued that while the Compliant did not allege any claims related to COVID-19, the care was impacted by the […]
June 5, 2024
The COVID-19 team moved to dismiss the claims against a Long Island facility prior to the answer based on the EDTPA immunities. Plaintiff claimed wrongful death, malpractice and intentional misinformation based on claims that the patient was exposed to and died from COVID-19, and that the family was not properly informed of extent COVID-19 presence […]
June 5, 2024
Plaintiff brought a malpractice claim against a major Manhattan Research Hospital as well as two physicians. The claims were that the COVID-19 vaccine was contraindicated due to preexisting conditions, and resulted in significant and life threatening complications. Dylan Braverman moved to dismiss based on the federal PREP Act which holds medical providers immune when claims […]
June 5, 2024
The COVID-19 team moved prior to answering to dismiss claims brought by the family on behalf of a former resident claiming that a Staten Island nursing home failed to prevent the exposure to and death from COVID-19. Brian Andrews and Dylan Braverman argued that this claim should never have been brought as it was subject […]
June 4, 2024
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 […]
December 18, 2023
The COVID-19 team is pleased to announce the dismissal of wrongful death, malpractice and gross negligence claims against five physicians a major Staten Island hospital who stood with the community in battling COVID-19. All claims arose from the care of a severely ill COVID-19 patient by the hospital and its clinical staff at the height […]
October 3, 2022
On July 7, 2022, Dylan Braverman, Megan Lawless and Chuck Faillace prevailed on a motion to dismiss in favor of a major Manhattan hospital in the Supreme Court, New York County. Plaintiff brought malpractice claims based on care provided in March 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on […]
December 1, 2023
In a long awaited decision, Megan Lawless and Dylan Braverman obtained dismissal of all claims brought against the firm’s nursing home client based on the federal PREP Act and the state EDTPA immunities. Plaintiff alleged negligence, malpractice, gross negligence, wrongful death and statutory violations against the nursing home based on their response to COVID-19 and […]
December 1, 2023
Leilani Rodriguez, Mickey Milchan and Dylan Braverman obtained pre-answer dismissal of all malpractice and wrongful death claims against a major Brooklyn, New York hospital. The COVID-19 team argued that the claims were barred by the EDTPA and the PREP Act immunities. Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to […]
November 3, 2023
Nicole Varisco, Brian Andrews and Dylan Braverman obtained pretrial dismissal of all claims against their Brooklyn facility. Plaintiff brought malpractice and statutory claims against the facility claiming that improper care led to a hip fracture requiring reconstructive surgery with hardware, a Stage 1 heel pressure ulcer and a Stage 3 pressure ulcer of the sacral […]
November 3, 2023
Brian Andrews and Dylan Braverman prevailed on their pre-answer motion to dismiss, seeking to enforce the EDTPA COVID-19 immunity against claims of wrongful death, malpractice and statutory violations brought against one of the largest long term care facilities in the state. Plaintiff claimed that the patient was exposed to and then died of COVID-19 during […]
November 1, 2023
In a hard fought win that will impact over 1,000 hotly contested COVID-19 claims throughout the state, Megan Lawless and Dylan Braverman achieved a landmark victory in reversing an Order from New York’s Litigation Coordinating Panel that forced all nursing home COVID-19 era claims to be coordinated for dispositive motions, discovery and pretrial proceedings throughout […]
August 24, 2023
Adonaid Medina, Mike Diven and Dylan Braverman obtained dismissal of medical malpractice claims brought against a Manhattan Hospital affiliated with the largest medical system in New York. Plaintiff was represented by aggressive plaintiff’s counsel who opposed dismissal by way of two expert opinions arguing that there was malpractice associated with a two stage anterior discectomy […]
August 10, 2023
The COVID-19 team prevailed in a pre-answer motion to dismiss an almost 50-page Complaint containing Eight Causes of Action against a New York City Nursing Home. Plaintiff claimed that there was poor infection control policies and a failure to comply with CDC and New York Department of Health COVID-19 policies, leading to the patient’s exposure […]
July 20, 2023
Patricia Comblo and Dylan Braverman secure summary judgment win in favor of physician client in Bronx County Supreme Court wrongful death action. Plaintiff alleged medical malpractice regarding a failure to diagnose and treat acute myelogenous leukemia. The VBPNP team argued there was no viable claims as against their client. Specifically, it was argued their client […]
June 6, 2023
Dylan Braverman and Tyler Fiorello moved to dismiss the claims against their client, a radiologist employed by a major metropolitan area academic research hospital. The patient presented to the Emergency Department with flu-like symptoms on January 10, 2021 (the second wave of COVID-19 in the NYC Metropolitan area). The ED attending suspected COVID-19 and ordered […]
October 3, 2022
On September 30, 2022, Dylan Braverman and Megan Lawless prevailed on a pre-answer motion to dismiss in favor of a Staten Island hospital in the Supreme Court, Richmond County. Plaintiff brought malpractice claims based on care provided in April 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on the broad […]