New York Appellate Division Reverses Ruling, Grants Immunity to Nursing Facility in COVID-19 Wrongful Death Case
The New York Supreme Court, Appellate Division, Second Department, has reversed a lower court's decision, granting immunity to Montclair Care Center, Inc. and Emerge Nursing & Rehabilitation in a wrongful death lawsuit. The case was brought by Janet Ford, alleging that Madeline Splaine contracted COVID-19 at Emerge, leading to her death in April 2020. The defendants had moved to dismiss the complaint, citing immunity under the Emergency or Disaster Treatment Protection Act (EDTPA), which was repealed in 2021. The Appellate Division found that the defendants conclusively established that Emerge was providing healthcare services in accordance with applicable law and COVID-19 emergency rules, and that the alleged act or omission occurred in the course of providing these services. Furthermore, the court determined that the treatment of the decedent was impacted by Emerge's decisions and activities in response to the COVID-19 outbreak and in support of state directives, and that services were provided in good f...