ARFD Partner Patrick P. Mevs secured a significant victory with a pre-answer dismissal of all claims with prejudice in a lawsuit against a Nassau County nursing home

ARFD Partner Patrick P. Mevs secured a significant victory with a pre-answer dismissal of all claims with prejudice in a lawsuit against a Nassau County nursing home. The plaintiff alleged wrongful death, malpractice, negligence, and statutory violations, claiming a former resident contracted COVID-19 in March 2020.

Patrick successfully moved to dismiss the case pre-discovery, arguing that all of the claims were barred by COVID-19 immunities granted under the Emergency or Disaster Treatment Protection Act (EDTPA) and the Federal Public Readiness and Emergency Preparedness Act (PREP). In his motion, Patrick presented compelling evidence demonstrating the nursing home’s exemplary care in the face of the unprecedented challenges posed by the then novel and deadly global pandemic. Despite the plaintiff’s opposition, which argued the motion failed to conclusively establish the protections of the immunity statutes, Patrick’s reply effectively highlighted how the motion surpassed all applicable appellate court standards. The Court agreed, granting the dismissal of the entire case with prejudice under the EDTPA, affirming the strength of Patrick’s legal strategy.”

While plaintiff’s firm filed a notice of appeal, the time to perfect has expired and a judgment was entered.

Congratulations on this excellent result.