Taryn Fitzgerald and Dylan Braverman obtained a pre-answer dismissal on the pleadings of all claims asserted against a Long Island health system, hospital, and nursing home arising out of care provided during the height of the COVID-19 surge.

The Court found that the evidentiary submissions, including an affirmation from the attending physician, conclusively established good-faith compliance with applicable COVID-19 guidelines and that the Defendants were entitled to immunity under the EDTPA and the PREP Act. All claims were dismissed before an answer was required.