Megan Lawless, Dylan Braverman and COVID-19 Team Obtain Dismissal of All Claims Against a Gastroenterologist, an Internal Medicine Hospitalist and a Major New York Multidiscipline Medical Practice

In a very hotly contested matter, plaintiff claimed that the patient was allowed to bleed to death overnight in codefendant’s ICU. BPN represented the consulting gastroenterologist and attending internal medicine hospitalist, as well as their employer which is a large multidiscipline medical practice. After years of deeply contentious litigation, motion practice and almost a dozen depositions, the BPN team moved for summary judgment asserting that the claims were barred under the EDTPA COVID-19 immunity because the care was impacted by COVID-19 era restrictions on non-emergent surgeries (such as an EGD) as well as social distancing protocols. Plaintiff opposed with a lengthy expert affirmation. In Reply, Megan Lawless on behalf of BPN pointed out factual inaccuracies in the expert’s affirmation, as well as the legal irrelevancy of the allegedly criticisms. The court agreed and dismissed all claims.