June 5, 2024 – M&H Wins Reversal and Reinstatement of COVID-19 Nursing Home Case

In this action to recover damages against a nursing home stemming from its culpable conduct during the COVID-19 pandemic, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s dismissal order and reinstated the complaint, holding that the nursing home had failed to establish its prima facie entitlement to statutory immunity under New York’s Emergency or Disaster Treatment Protection Act [“EDTPA”]

Damon v. Clove Lakes Healthcare and Rehabilitation Center