Taryn Fitzgerald and Megan Lawless Obtains Dismissal of All Claims Against Prominent Nursing Home

Taryn Fitzgerald and Megan Lawless moved to dismiss the negligence, gross negligence, wrongful death, malpractice and statutory violation claims against a prominent nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the medical record and the affirmation of the attending conclusively established entitlement to EDTPA dismissal. The court also found that the complaint’s gross negligence claims were conclusory and thus not a valid exception to EDTPA dismissal.