In a Westchester County venued matter, Jennifer Levine, Esq. and LeAnn Ahmad, Esq. secured the dismissal of a Covid-19 wrongful death matter against their nursing home client.

Plaintiff alleged that the facility was negligent, grossly negligent, and violated the Public Health Law through the care and treatment of plaintiff’s decedent. Specifically, the plaintiff alleged our client failed to control the spread of communicable diseases for all staff, residents, volunteers, and visitors in relation to Covid-19, resulting in a Covid-19-related death of the decedent.

Sheeley LLP made out the nursing home’s prima facie entitlement to summary judgment under New York’s Emergency Disaster Treatment Protection Act (EDTPA).  The Court found that there were no deviations from the standard of care, the facility was in accordance with CDC/DOH guidance related to Covid-19, and no purported departures were the proximate cause of the decedent’s death.

Accordingly, the Court dismissed the plaintiff’s claims against the nursing home as a matter of law.