In Supreme Court, Rockland County, Jennifer A. Levine secured the dismissal of a lawsuit on summary judgment, with allegations of wrongful death, negligence, negligence per se, gross negligence, negligent hiring/training/supervision, and statutory violations pursuant to NY Public Health Law.  More specifically, the plaintiff alleged that the defendant nursing home failed to implement proper infection control policies, causing the plaintiff to contract Covid-19 and expire.

At the close of discovery, Sheeley LLP moved for summary judgment based on EDTPA immunity.  We also argued that the defendant met the standard of care and disputed causation with the support of nursing and infectious disease experts. Plaintiff opposed defendant’s motion with support from an out-of-state infectious disease expert.

Ultimately, the Court concluded that the defendant not only established there were no departures from the standard of care resulting in injury but also established entitlement to statutory immunity.

The plaintiff failed to overcome the defendant’s prima facie entitlement to summary judgment.  The Court found the plaintiff’s expert affirmation was based on speculation and conjecture, and that his credentials failed to establish expertise in skilled nursing facility practices and obligations.  Critical to the Court’s determination was the absence of any specific instances of purported violations of the standards of care or infection control policies.

The plaintiff did not appeal the court’s decision.