Rani Kulkarni, Brian Andrews and Dylan Braverman are happy to obtain dismissal of all claims on behalf of a world-renowned Manhattan Hospital. Plaintiff brought malpractice claims against the hospital, and the BPN team moved to dismiss based on the ETPA immunity. Plaintiff countered that the claim had nothing to do with the patient’s COVID-19 status, and that the EDTPA required a discrete connection between the claims and the COVID-19 care. BPN countered that the statute was triggered by the overall need to care for this COVID-19 patient, and that the statute did not require a discrete connection with the specific allegations. BPN also argued that even if there was a need for a discrete connection between plaintiff’s claims and COVID-19, this was conclusively met based on the evidence submitted in support of the motion to dismiss. The court agreed with our arguments, and dismissed the case. We are thrilled to have helped the medical providers who helped New York at its time of need.