Leilani Rodriguez, Mickey Milchan and Dylan Braverman obtained pre-answer dismissal of all malpractice and wrongful death claims against a major Brooklyn, New York hospital. The COVID-19 team argued that the claims were barred by the EDTPA and the PREP Act immunities. Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to gross negligence and thus the EDTPA did not apply, and that the PREP Act was not applicable. After oral argument, the judge ruled from the bench that plaintiff’s arguments were meritless and dismissed the case.