Finelli v Fulton Commons Care Center, Inc.
Attorneys and Parties
Brief Summary
Nursing home liability during the COVID-19 pandemic, specifically whether a long-term care facility was immune from wrongful death and gross negligence claims under the Emergency or Disaster Treatment Protection Act (EDTPA).
The Supreme Court, Nassau County, granted Fulton Commons Care Center, Inc.'s motion under CPLR 3211(a)(7) [rule allowing dismissal for failure to state a cause of action] and dismissed the amended complaint, accepting the facility's claim of immunity under the Emergency or Disaster Treatment Protection Act (EDTPA) (Public Health Law former art 30-D, §§ 3080-3082) [provided qualified immunity to health care facilities for certain COVID-19-related acts or omissions in arranging for or providing health care services].
The Appellate Division reversed the order dismissing the amended complaint and denied the defendant's motion to dismiss.
At the pleading stage, even considering the defendant's submissions, the defendant failed to establish that it satisfied all three EDTPA immunity requirements: that the services were provided pursuant to a COVID-19 emergency rule or applicable law, that the challenged acts or omissions were impacted by COVID-19 response decisions in support of state directives, and that the services were provided in good faith.
Background
Gloria Finelli resided at a facility operated by Fulton Commons Care Center, Inc. from August 2018 through April 2020. The plaintiffs, acting as proposed executors of her estate, alleged that she contracted COVID-19 while under the facility's care and died on April 7, 2020. They sued for wrongful death, gross negligence, and related claims.
Lower Court Decision
The Supreme Court, Nassau County, granted the defendant's motion to dismiss the amended complaint under CPLR 3211(a)(7), concluding that the claims were barred by EDTPA immunity.
Appellate Division Reversal
The Appellate Division, Second Department, held that the complaint had to be liberally construed and that the defendant's evidentiary showing was insufficient to demonstrate entitlement to EDTPA immunity as a matter of law. Because the defendant did not establish all three statutory prerequisites for immunity, dismissal of the amended complaint was improper.
Legal Significance
The decision reinforces that EDTPA immunity is not automatic for nursing homes and other health care facilities sued over COVID-19-era care. On a pre-answer motion to dismiss, the facility must make a sufficient showing that the statutory conditions for immunity were actually met; otherwise, wrongful death and negligence claims may proceed.
A health care facility seeking dismissal based on EDTPA immunity must do more than invoke the statute; it must show, even at the motion stage, that its conduct fell within the statute's specific COVID-19-related and good-faith requirements.