Wenny Ho v. Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC, et al.
Attorneys and Parties
Brief Summary
Nursing home and healthcare facility liability for COVID-19-era care under the Emergency or Disaster Treatment Protection Act (EDTPA) (Public Health Law former §§ 3080–3082) [enacted to broadly protect healthcare facilities and professionals from liability arising from COVID-19 treatment during the public health emergency].
Granted defendants’ CPLR 3211(a)(7) [rule allowing dismissal for failure to state a cause of action] motion, holding they were immune under the EDTPA and that plaintiffs failed to plead gross negligence.
The order granting dismissal under CPLR 3211(a)(7).
Although the EDTPA’s repeal is not retroactive, defendants did not conclusively establish all three statutory prerequisites for EDTPA immunity (Public Health Law former § 3082[1]), and the amended complaint adequately alleged conduct amounting to gross negligence, precluding dismissal at the pleading stage.
Background
The decedent resided at Sapphire from January 2017 until her death from COVID-19 on April 9, 2020. Her daughter (individually and as administrator of the estate) and her husband sued for negligence and gross negligence relating to her care. Defendants moved to dismiss, invoking EDTPA immunity and challenging the sufficiency of the gross negligence allegations.
Lower Court Decision
The Supreme Court, Queens County, granted defendants’ motion under CPLR 3211(a)(7), finding EDTPA immunity applied and that the complaint did not allege gross negligence.
Appellate Division Reversal
Reversed, on the law, with costs; motion to dismiss denied. The court held the EDTPA repeal is not retroactive but defendants’ submissions did not conclusively establish the statute’s three immunity elements and plaintiffs’ pleadings sufficiently alleged gross negligence, so dismissal was improper at this stage.
Legal Significance
Confirms that EDTPA immunity remains available for early-pandemic claims despite the statute’s repeal, but defendants bear a heavy burden on a CPLR 3211(a)(7) motion to conclusively establish all statutory prerequisites. Adequate allegations of gross negligence will defeat an EDTPA-based motion to dismiss.
Nursing homes cannot secure dismissal at the pleading stage on EDTPA grounds without conclusively proving the statute’s good-faith and COVID-19 impact elements; well-pleaded gross negligence claims will proceed notwithstanding EDTPA.