Congratulations to KBR partners Christine Rockwell and Janine Luckie on their summary judgment win in Nassau County Supreme Court!

The matter involved medical treatment rendered to an ICU patient in a community hospital, for a gastrointestinal bleed, during the early days of the COVID-19 pandemic. Christine and Janine established that the patient’s care and treatment was significantly impacted due to the challenges the Hospital faced as it responded to the COVID-19 pandemic. Christine and Janine effectively argued that the pandemic-related impacts on the patient’s care entitled the hospital and its clinicians to immunity under the Emergency Disaster Treatment Protection Act (“EDTPA”). As a result, the Judge dismissed the plaintiff’s Complaint in its entirety.