BPN attorneys Dylan Braverman and Nicole Varisco obtained dismissal of all claims related to alleged malpractice by a NYC nursing home during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to adequately supervise the patient resulting in a fall and fracture. The BPN team moved for dismissal in lieu of serving an answer, asserting that the claims were barred under the EDTPA COVID-19 immunity because the care was impacted by COVID-19 era restrictions, guidance from state and federal agencies, as well as social distancing and isolation protocols. Plaintiff opposed on the grounds that the case involved a fall, not COVID-19. In Reply, BPN again highlighted that the facility was following the COVID-19 guidance available at that time, and that the immunities applied given the time of the events. The court agreed and dismissed all claims.