BPN’s Appellate Practice Chair Megan Lawless secured a significant appellate court win in New York’s Appellate Division, First Department. The court affirmed the dismissal of a COVID-19 infection control action against a nursing home prior to discovery, based on EDTPA immunity. This decision underscores the strength of EDTPA immunity in protecting healthcare providers faced with COVID-19 claims.

Notably, this is the first COVID-19 nursing home victory in the First Department since the pivotal 2024 Hasan v. Terrace Acquisitions decision. This outcome sets a clear precedent for similar claims, providing clarity and guidance for the path forward in COVID-19 litigation. We look forward to continued progress in defending our clients and advancing the law in this important area.