Napoli Shkolnik Nursing Home Team Defeats 2nd EDTPA Dismissal Attempt by a Westchester Nursing Home

The Napoli Shkolnik Nursing Home Litigation/Covid-19 Team successfully defeated the second attempt by a major Westchester County nursing home to have a case dismissed under the now repealed EDTPA (Immunity Law) and Federal PREP Act. The Nursing Home is represented by strong national counsel who filed a second attempt to convince the Westchester County judge that they are immune from liability under New York’s EDPTA and the PREP Act.

In May of 2023, after extensive briefing by both sides, the Court agreed with our team that the PREP Act did not apply to the Plaintiff’s claims and that claims of gross negligence and reckless conduct were adequately pled, thereby denying defendants’ attempt to dismiss the case.

While litigation will now continue, this is yet another important step in preventing nursing homes from completely shielding themselves from liability under the repealed law.