Dylan Braverman and the COVID-19 Team obtained dismissal of all claims brought against an ED Doctor at a state-owned teaching hospital system. On March 17, 2020, plaintiff appeared at the emergency department. He was diagnosed with a panic attack and discharged. He returned hours later with clear stroke symptoms. It is claimed that the chance to prevent the stroke was missed. Plaintiff was a prominent and well-known member of the community and this case generated significant local media coverage. In moving to dismiss, it was argued that the EDTPA warranted dismissal on the pleadings, and without discovery. We argued that the patient was believed to be suffering from COVID-19 related anxiety. The patient’s clinical signs and symptoms were considered, and it was determined that the risk of exposure to COVID-19 outweighed the benefit of sending the patient for a higher level of stroke care which would require use of the COVID-19 strained resource of medical transport. Thus, COVID-19 impacted care. Plaintiff moved to add gross negligence claims, which was granted. However, the court found that the Amended Complaint (including the gross negligence claims) should be dismissed since we established the criteria for the EDTPA. The purported gross negligence claims were conclusory and thus did not form an exception to EDTPA dismissal. We are thrilled to have obtained dismissal on the behalf of our emergency medicine client, who fought back valiantly against COVID-19 when New Yorkers needed it most.