Christian McCarthy and Kiki Chrisomallides successfully obtained a dismissal of claims, with prejudice, as to their client following a motion for summary judgment and to dismiss under the under the COVID-19 immunities afforded by the EDTPA and Prep Act in a case involving allegations of negligence in the failure to prevent and treat pressure ulcers in a then eighty-nine (89) year old male decedent during a presentation to the Hospital in April 2020, at the height of the pandemic.

In support of the motion, we successfully argued that immunity was triggered due to the decedent’s care being inescapably impacted by the COVID-19 emergency response.  In support of this contention, we introduced evidence that staffing ratios and experience were impacted, as the ICU was over capacity.  The decedent’s skin integrity routine was also impacted by COVID-19 related staffing changes.  Undeniably, the decedent’s condition and care were impacted and affected by COVID-19 and the individual and emergency response to it.  Plaintiff’s claims of “harm or damages” were “alleged to have been sustained as the result of” the acts or omissions “in the course of arranging for or providing health care services” during the COVID-19 emergency declaration.  As such, we asserted that the Hospital was immune for “any liability, civil or criminal, for any harm or damages alleged” in this case. 

In a Decision & Order, the Court agreed with our position that the EDTPA applies and barred plaintiff’s claims.  As such, no further inquiry was required into whether summary judgment was also applicable.  Therefore, our motion was granted and the claims fully dismissed, with prejudice, under the COVID-19 immunities afforded by the EDTPA and Prep Act.