Last night, Governor Cuomo signed legislation repealing the controversial law that shielded nursing homes and other essential businesses from COVID-related lawsuits. Our firm is proud to have advocated for and worked alongside state legislators in support of Assembly Bill A3397 which repealed the Emergency or Disaster Treatment Protection Act and has restored the rights of thousands of injured families to pursue claims for negligence and/or malpractice. The law was passed despite opposition by lobbyists from the powerful Greater New York Hospital Association.
The measure rolled back the law which granted immunity to health care facilities and workers from negligence lawsuits. This comes as Cuomo’s administration is under federal investigation for covering up some 9,000 COVID-19 related nursing home deaths last year.
"As we near the passage of this year’s momentous budget, I am relieved to see corporate immunity, which was slipped into last year’s budget, fully repealed," Bronx State Senator Alessandra Biaggi, one of the bill’s sponsor said in a statement Tuesday night. "This blanket immunity prevented thousands of families who lost loved ones to COVID-19 from seeking legal recourse, and potentially incentivized nursing home executives to cut corners — endangering staff and residents."
At this point, our firm continues the fight for the victims of negligence and malpractice, seeking to bring accountability and justice for those affected. The question remains as to whether the law applies only to lawsuits from this day forward, or for if the repeal extends to negligence which occurred during the height of the pandemic. Our firm is currently fighting this issue in federal court in an effort to protect the rights of every injured family. The attorneys at LVW are hard at work developing strategies to pursue every available claim on behalf of our clients.
IF YOU ARE A CURRENT CLIENT, please be assured that we are working relentlessly toward potential next steps on your behalf. We will be in touch with you and send additional updates as soon as possible.
IF YOU OR A LOVED ONE HAS BEEN INJURED OR PASSED AWAY AS A RESULT OF NURSING HOME NEGLIGENCE, please call our office at (855) LV LAW NY so that we can investigate a possible claim on your behalf.
