Brian Andrews and Dylan Braverman are proud to announce the dismissal of all claims against a Brooklyn Hospital in Kings County Supreme Court under the NYS COVID-19 immunities. Plaintiff brought this malpractice and wrongful death action against the hospital for injuries sustained while treating a COVID-19 patient at the height of the first wave of the pandemic in NYC when our knowledge of this novel virus was still largely unknown. Although the claims involved a fall while the patient was on COVID-19 isolation protocols and the medical management of their resulting hip fracture, the BPN team successfully demonstrated that every aspect of the patient’s care was impacted by the facility’s good-faith response to the pandemic and was immunized under the EDTPA. 

Plaintiff argued that the EDTPA did not apply because their claims were unrelated to COVID-19 and dismissal was premature as little discovery had taken place. At the conclusion of oral arguments, the Court agreed that the EDTPA barred plaintiff’s claims and dismissed the Complaint in its entirety. We are honored to represent the frontline healthcare workers who tirelessly risked their lives to provide patient care during the worst public health crisis of the last century.