Provider Groups Seek Dismissal of COVID Lawsuit against NY Nursing Home to Avoid 'Far-Ranging Consequences' for Industry
By Danielle Brown
A woman last year sued Our Lady of Consolation Nursing & Rehabilitative Care Center in West Islip, N.Y., seeking to hold the facility liable for the death of her mother from COVID-19. The death of Vivian Zayas' mother occurred before New York repealed in April an immunity measure that protected nursing homes, other healthcare operations, and workers from COVID-related legal actions. However, Zayas is hoping to have the repeal retroactively applied to March 2020, so her lawsuit can proceed. If the repeal is applied retroactively, there could be "far-ranging consequences, including potentially inhibiting the state's response to future pandemics and mass-casualty events," warn the Healthcare Association of New York State and Greater New York Hospital Association.
The groups, which have jointly filed a brief in support of the nursing home, added: "As New York turns a corner on its recovery from this devastating disease, courts, in deciding cases arising out of the pandemic, should not forget the important purpose that immunity statutes like the [Emergency or Disaster Treatment Protection Act] play in allowing healthcare professionals and institutions to preserve the lives of those affected by COVID-19 without fear of liability."
Read more on McKnight's Long-Term Care News.