Plaintiff brought wrongful death, Public Health Law, and malpractice claims against a Long Island, New York nursing home. The crux of plaintiff’s claims involved the development and advancement of pressure ulcers leading to infection and death. The BPN team moved for summary judgment in Nassau County. The motion was granted, resulting in dismissal of the action.

The BPN team moved on four grounds: (1) that there was no departure from the standard of care; (2) that there was no violation of the Public Health Law; (3) that there was no proximate causation of any injuries associated with the subject medical care; and (4) that the matter was subject to EDTPA immunity. The motion was supported by testimony of the nursing home’s witness, who refuted the allegations and demonstrated how the care was impacted by the COVID-19 pandemic. The motion was also supported by an affirmation from a board-certified geriatric expert.

Over plaintiff’s opposition, the Court granted summary judgment on all four grounds. The court found that there was no departure and no Public Health Law violation, and further found that there was no causal link between the alleged care and the purported damages. Finally, the court held that dismissal was independently warranted based on EDTPA COVID-19 immunity. As a result, all claims against the nursing home were dismissed in their entirety.