Medical & Nursing Home Liability Pointers - Special Edition

Special Edition October 10, 2022
Special Alert: New York Appellate Court Unanimously Rejects Retroactive Application of Repeal of Covid-Immunity Statute Protecting Healthcare Providers.  
In an important and precedential decision released on October 7, 2022, New York’s Appellate Division, Fourth Judicial Department, unanimously held that the statute repealing  New York’s Emergency or Disaster Treatment Protection Act (EDTPA), which granted healthcare providers, including individual workers as well as facilities and their executives and administrators, immunity from civil and criminal liability for any injury or death alleged to have been sustained during the Covid-19 pandemic, is to be given prospective, rather than retroactive, effect.
Congratulations to the Hurwitz Fine nursing home litigation and appellate advocacy team of Liz MidgleyBeth Adymy, and Todd Bushway, who successfully argued in Ruth v Elderwood at Amherst that the text of the repeal statute itself, and the legal principles governing statutory interpretation, could only lead to the conclusion that the repeal took effect starting on the date the statute was enacted, and did not negate retroactively the previous time period that immunity was in place.  This decision is a major victory for health care providers and brings a sense of clarity to an issue impacting hundreds, if not thousands, of pending or potential claims across New York State.

For more detailed analysis of this important decision, click here.

Hurwitz Fine's Medical Malpractice & Nursing Home Defense Team is here to answer your questions:
Patrick B. Curran, Esq. ([email protected]) Elizabeth M. Midgley, Esq. ([email protected]) V. Christopher Potenza, Esq. (vcp@hurwitzfine.com) Stephen M. Sorrels, Esq. ([email protected]
Elizabeth G. Adymy, Esq. ([email protected]) Kara M. Eyre, Esq. ([email protected] Stephanie L. McCance, Esq. ([email protected]) Jonathan J. Schutrum, Esq. ([email protected])
As a public service, we are pleased to present this newsletter providing the latest news, developments, and analysis of recent court decisions impacting the medical and long-term care communities.  In some jurisdictions, newsletters such as this may be considered: Attorney Advertising.   If you know of others who may wish to subscribe to these legal alerts, please feel free to forward it. If you wish to subscribe or unsubscribe, please do so at the bottom of this newsletter.
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Coverage Pointers: This twice-monthly electronic newsletter summarizes important insurance law decisions from appellate courts in New York State with the occasional snapshot across borders. Contact Dan Kohane at [email protected]  to subscribe. Labor Law Pointers:  Labor Law Pointers offers a monthly review and analysis of every New York State Labor Law and construction accident case decided during the month by the Appellate Courts. Contact Dave Adams at [email protected] to subscribe. Premises Pointers This monthly electronic newsletter covers current cases, trends and developments involving premises liability and general litigation. Contact Jody Briandi at [email protected]  to subscribe. Products Liability Pointers:   This monthly newsletter covers all areas of products liability litigation, including negligence, strict products liability, breach of warranty claims, medical device litigation, toxic and mass torts, regulatory framework and governmental agencies. Contact Chris Potenza at [email protected] to subscribe. 
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