Lori Shapiro, Megan Lawless and Dylan Braverman Prevail on Motion to Dismiss Based on the EDTPA COVID-19 Immunity

The COVID-19 team moved to dismiss the claims against a Long Island facility prior to the answer based on the EDTPA immunities. Plaintiff claimed wrongful death, malpractice and intentional misinformation based on claims that the patient was exposed to and died from COVID-19, and that the family was not properly informed of extent COVID-19 presence in the facility. In support of the motion, Lori Shapiro and Dylan Braverman included affirmations and evidence demonstrating the compliance with COVID-19 protocols as set forth by the CDC and NY DOH, as well as the impact on the patient. In opposition, plaintiff tacitly conceded that there was COVID-19 impact on the care but the intentional misrepresentations constituted an exception to the EDTPA. In Reply, Megan Lawless established that under New York law, the self-serving claims were insufficient to establish the exception. The court agreed and all claims were dismissed.