Joe Ciaccio Quoted on Filed COVID-19 Nursing Home Lawsuit
September 28, 2021
Source: Times Union
A woman whose mother died of COVID-19 after contracting the disease while residing in a nursing home run by St. Peter’s Health Partners is suing the health care network for negligence, medical malpractice and wrongful death in a case that may test the strength of a law enacted last year to shield medical and long-term care facilities from liability involving coronavirus fatalities or injuries.
Joseph Ciaccio, an attorney who filed the lawsuit on behalf of Heidelmark, said that despite Lagace’s death occurring in January, before the immunity provision was repealed, the timeline of the legislation into law by Cuomo should not impact the case. The attorney said he plans to address it by arguing the new law repealing the liability shield should “be applied retroactively.”
“Even if this law still applied, the claims related to grossly negligent conduct would not be covered under the previous immunity law,” he said.