NY COVID-19 Nursing Home Lawsuit Can Proceed
March 17, 2022
Source: New York Law Journal
An Erie County judge on Monday allowed a lawsuit filed by the estate of a woman who died in a nursing home in the early weeks of New York’s COVID-19 crisis to move ahead with its claims against the nursing home, rejecting the facility’s effort to invoke the COVID-19 immunity provisions granted and later repealed in New York.
The plaintiff is represented by attorneys at Napoli Shkolnik, who alleged in the complaint that the woman died of COVID-19 in April 2020 after contracting the virus at the nursing home, which they alleged failed to employ basic COVID-19 safety measures at the time she was “unnecessarily exposed.”
In a statement, Partner Joseph Ciaccio said he and his colleagues look forward to giving the victims’ family members their day in court.
“We are thankful that the Court correctly recognized that nursing homes cannot use the repealed immunity law as a shield to avoid liability for their failures to protect some of our State’s most vulnerable individuals during the COVID-19 pandemic,” he said.