Joshua Cohen prevailed before the New York Appellate Division on a novel issue involving a plaintiff’s demand for an inspection of the plaintiff’s electronic medical record (EMR) with their expert to review and extract metadata and an audit trail. Plaintiff argued the physician’s record may have been altered after the care at issue and sought […]
Plaintiff brought a Wrongful Death and Public Health Law lawsuit against our client, which is the largest nursing home in the state of New York. The COVID-19 team argued that the claims were subject to the EDTPA immunity, and moved to dismiss prior to discovery. The court agreed and dismissed all claims. Once again, Brian […]
Brian Andrews and Dylan Braverman obtained pre-answer dismissal of all claims brought against a NYC nursing facility who suffered greatly during the initial surge of COVID-19 in the Spring of 2020. Plaintiff claimed that the patient’s exposure to COVID-19 was due to infection control violations, and lack of resources resulting in death. Plaintiff claimed that […]
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 […]
The COVID-19 team moved prior to answering to dismiss claims brought by the family on behalf of a former resident claiming that a Staten Island nursing home failed to prevent the exposure to and death from COVID-19. Brian Andrews and Dylan Braverman argued that this claim should never have been brought as it was subject […]
Lori Shapiro has again zealously enforced the Admission Agreement entered into by the resident prior to admission to a large nursing home. The malpractice claim was brought in the Bronx, despite the agreements Choice of Venue Clause which designated Nassau County. Lori moved to change venue from the Bronx to the agreed upon Nassau County […]
Plaintiff brought a malpractice claim against a major Manhattan Research Hospital as well as two physicians. The claims were that the COVID-19 vaccine was contraindicated due to preexisting conditions, and resulted in significant and life threatening complications. Dylan Braverman moved to dismiss based on the federal PREP Act which holds medical providers immune when claims […]
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 […]
Josh Cohen and Dylan Braverman prevailed in obtaining dismissal of all claims brought against a busy Brooklyn Hospital based on the COVID-19 immunities. Plaintiff brought a malpractice action due allegedly developing pressure ulcers and sepsis during the hospitalization. While the patient was initially not being treated for COVID-19, plaintiff tested positive during the admission. The […]
Neil Mascolo and Veronika Tadros obtained summary judgement on behalf of their client in a “loading and unloading” coverage action. The case involved a Declaratory Judgment action commenced on behalf of our client who had issued a disclaimer pursuant to the “loading and unloading” exclusion in the CGL policy. In a decision dated May 10, […]