Dylan Braverman and Tyler Fiorello moved to dismiss the claims against their client, a radiologist employed by a major metropolitan area academic research hospital. The patient presented to the Emergency Department with flu-like symptoms on January 10, 2021 (the second wave of COVID-19 in the NYC Metropolitan area). The ED attending suspected COVID-19 and ordered a series of tests including an X-ray. Plaintiff alleged that the radiologist and other parties missed evidence of lung cancer. The VBPNP COVID-19 Team moved to dismiss pre-answer based on the COVID-19 Emergency or Disaster Treatment Protection Act (“EDTPA”) immunity. The ED attending signed an affidavit detailing the impact of COVID-19 on this patient’s care while she was in the ED. As a result, the court found that the radiologist was entitled to dismissal under the EDTPA immunity. The court also found plaintiff unable to sustain a claim of gross negligence. As a result, dismissal was granted.