Nicole Varisco, Brian Andrews and Dylan Braverman Win Dismissal of All Claims Against a Brooklyn Facility

Nicole Varisco, Brian Andrews and Dylan Braverman obtained pretrial dismissal of all claims against their Brooklyn facility. Plaintiff brought malpractice and statutory claims against the facility claiming that improper care led to a hip fracture requiring reconstructive surgery with hardware, a Stage 1 heel pressure ulcer and a Stage 3 pressure ulcer of the sacral region requiring surgical intervention. The COVID-19 team identified this claim for dismissal since the patient was COVID-19 positive during portions of the care. Plaintiff argued that there was no link to the patient’s COVID-19 and the alleged care and injuries, however the Brian, Dylan and Nicole argued that the care was impacted by the patient’s COVID-19 sequala and the need to comply with COVID-19 protocols including social distancing and PPE. The Brooklyn judge agreed and dismissed all claims on the EDTPA immunity.

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