Dylan Braverman, Megan Lawless and Chuck Faillace Win Pre-Answer Dismissal of all Claims Against a Major Manhattan Hospital Based on the EDTPA COVID-19 Immunity

On July 7, 2022, Dylan Braverman, Megan Lawless and Chuck Faillace prevailed on a motion to dismiss in favor of a major Manhattan hospital in the Supreme Court, New York County. Plaintiff brought malpractice claims based on care provided in March 2020. The VBPNP COVID-19 Team argued that the claims must be dismissed, based on the broad immunity provided to medical care providers during COVID-19 surge in New York. In this seminal case, the court found that the EDTPA immunity applied warranting dismissal of all claims against. This was the first EDTPA immunity case decided in the influential Supreme Court, New York County.