COVID-19 at-home test kit. Photo: Diego M. Radzinschi/ALM Fourth Dept. Holds Repeal of EDTPA Is Prospective, Not Retroactive, Impacting Currently Pending COVID-19 Nursing Home Litigation
On Oct. 7, 2022, in what has become a hotly contested decision, the Appellate Division, Fourth Department concluded that the statute repealing New York's Emergency or Disaster Treatment Protection Act is to be given prospective application and not retroactive application. The author writes that the decision "will significantly impact those COVID-19 litigation claims being brought against nursing homes recently in the Empire State by plaintiffs arguing that the repeal of EDTPA was meant to be retroactive."
December 08, 2022 at 10:00 AM
6 minute read
On Oct. 7, 2022, the Appellate Division, Fourth Judicial Department concluded that the statute repealing New York's Emergency or Disaster Treatment Protection Act (the EDTPA) is to be given prospective application and not retroactive application. The decision has been hotly contested by plaintiffs' firms in the midst of a recent glut of nursing home litigation cases and will significantly impact those COVID-19 litigation claims being brought against nursing homes recently in the Empire State by plaintiffs arguing that the repeal of EDTPA was meant to be retroactive, despite not having any clear indication in the legislative history of the repeal.
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