On December 19, 2024, BPN attorneys Dylan Braverman, Nicole Varisco, and Kelly Bronner obtained dismissal of all claims related to alleged malpractice by a Long Island nursing home and its majority shareholder during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to properly implement COVID-19 prevention protocols and monitor, test, and treat residents for COVID-19. The BPN team moved for dismissal in lieu of serving an answer, asserting that the claims were barred under the EDTPA COVID-19 immunity because all aspects of the resident’s care were impacted by the nursing home’s response to COVID-19 during the height of the pandemic in April 2020. Plaintiff argued in opposition that the defendant did not conclusively establish entitlement to immunity under the EDTPA. In Reply, BPN again highlighted the records proving that the resident’s care was impacted by COVID-19 and the abundance of caselaw supporting immunity. BPN also argued that the claims against the individual nursing home owner were barred by the statute of limitations. The court agreed and dismissed all claims.