Dylan Braverman Wins Dismissal of Claims Against Bronx Hospital

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 pandemic. Dylan argued that the medical records and supporting clinical evidence established that the acts and decisions regarding this patient’s care was impacted as required by the EDTPA. The court rejected any claim that the gross negligence exception applied, or that the immunity was repealed. As a result, the case was dismissed.