Dylan Braverman and Megan Lawless Win Pre-Answer Dismissal of all Claims Against a Staten Island Hospital Based on the EDTPA COVID-19 Immunity

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 immunity provided to medical care providers due during COVID-19 surge in New York City. Plaintiff countered that the EDTPA immunity was retroactively repealed based on an affidavit of a NY State Representative. The VBPNP COVID-19 Team countered that the plain language of the repeal was prospective, and that the wishes and desires of one State Representative cannot override the will of the legislature and the law. The Court agreed with the VBPNP COVID-19 Team and dismissed in a groundbreaking decision.