New York State Legislature Passes Treatment Protection Act Repealing Immunity...
On Wednesday March 24, 2021, the New York State Senate unanimously passed legislation that repeals protections for nursing homes and hospitals against liability for COVID malpractice lawsuits. The bill...
View ArticlePossible Federal Investigation of New York Governor over Misreporting of...
Earlier this month, we wrote about New York Governor Andrew Cuomo’s defense against claims of a cover-up regarding COVID deaths at nursing homes, following the New York Attorney General’s January 28,...
View ArticleNew York’s Gov. Cuomo Continues to Defend Claims of Cover-up Regarding...
On January 28, 2021, New York’s Attorney General Letitia James released a report on her office’s investigation into nursing home responses to the COVID-19 pandemic. The investigation found that more...
View ArticleNew York Nursing Home Residents May Receive COVID-19 Vaccine Before End of Year
On December 6, 2020, the Trump administration provided a timetable for the rollout of the COVID-19 vaccine. Dr. Moncef Slaoui, chief science adviser of Operation Warp Speed, announced the...
View ArticleNew York Bans Visitation at Nursing Homes, Hospitals, and Other Facilities in...
On October 23, 2020, New York State issued a health advisory banning visits at nursing homes, hospitals, adult-care facilities, residential treatment centers, facilities for individuals with...
View ArticleNew York DOH Fines Long-Term Care Facilities for COVID-19-Related Failures...
Recently, New York’s Department of Health (DOH) issued fines to multiple nursing homes in New York for infection control issues, including for providing COVID-19 care without gloves and adequate...
View ArticleNew York Relaxes COVID Restrictions at Nursing Homes to Allow More In-Person...
After rallies were held outside New York Governor Andrew Cuomo’s Manhattan office earlier this month to bring attention to the restrictions on visitation at nursing homes, on September 15, 2020, the...
View ArticleNew York Rolls Back Immunity to Nursing Homes and Health Care Service Providers
On Monday, August 3, 2020, Governor Andrew Cuomo signed a bill (A.10840/S.8835 Kim/Sepulveda) recently enacted by the New York Legislature that revised the Emergency Disaster Treatment Protection Act...
View ArticleCOVID-19 Immunity for Health Care Services and Nursing Homes May Change Soon...
In previous blog posts, we discussed New York’s Emergency Disaster Treatment Protection Act (EDTPA), which was enacted on April 6, 2020 as part of the state budget. The Act provides immunity to...
View ArticleNew York Governor Releases Report to Show His Nursing Home Admissions Policy...
We have previously discussed the heightened criticism of New York Gov. Andrew Cuomo’s handling of the nursing homes during the COVID-19 pandemic. In response to that criticism, on, New York...
View ArticleNew York Reduces Testing Requirement for Many Nursing Homes to Once a Week
We recently wrote about how there has been criticism of Gov. Andrew Cuomo’s Administration’s handling of nursing homes during the COVID-19 pandemic. On May 10, 2020, in response to that criticism, Gov....
View ArticleNew York Lawmakers Seek to Repeal Statute Granting Immunity to Nursing Homes
In a previous post, we wrote about New York’s Emergency Disaster Treatment Protection Act (EDTPA), which was enacted on April 6, 2020 as part of the state budget. EDTPA provides immunity to hospitals,...
View ArticleNew York’s Governor Cuomo Criticized for Handling of Nursing Homes During...
This week, New York State reported almost 5,000 nursing home residents in the state have died from COVID-19 since March 1. New figures released reported that more than 2,300 nursing home residents have...
View ArticleNew York’s Emergency Disaster Treatment Protection Act Provides Broad...
On March 25, 2020, New York’s Department of Health issued an Advisory to nursing home administrators, hospital discharge planners and others regarding nursing homes pertaining to the expedited receipt...
View ArticleWill the Statute of Limitations on Medical Malpractice Actions in New York Be...
For decades, section 214-a of the New York Civil Practice Law & Rules set forth the statute of limitations for medical malpractice actions. Under current law, the statute of limitations for a...
View ArticleTexas Court Holds that Compounding Pharmacies are Subject to Requirements of...
On April 24, 2015, in a significant win for pharmacies in the State of Texas, the Texas Supreme Court dismissed a plaintiff’s product liability action that alleged that the lipoic acid treatment she...
View ArticleJudge Precludes Plaintiffs’ Experts that “Cherry Picked” Evidence
A recent win for the defense in New Jersey highlights how challenging an expert’s use of unreliable data and methods can be an effective way to prevail. The carefully drafted February 20, 2015 opinion...
View ArticleJudicial Call for More Guidance on Punitive Damages Awards
Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the...
View ArticleDefendants in Mass Tort Pelvic Mesh Lawsuits May Now Succeed With Removal to...
In a significant win for Secant Medical LLC, (Secant), Judge Arnold L. New of the Court of Common Pleas of Philadelphia County granted its motion to dismiss mass tort pelvic mesh personal injury claims...
View ArticleFirst Drugs Approved for Combination Treatment of Melanoma by the FDA
Melanoma is the most aggressive type of skin cancer and is the leading cause of death from skin disease. Last week the FDA approved GSK’s Mekinist (trametinib) in combination with Tafinlar...
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