Michael Park testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit Judge for the Second Circuit Decision of the Day: Circuit Says Federal Removal of COVID-19 Lawsuit Against Hospital Was Improper, Sends Back to State Court
This ruling was selected and summarized by the New York Law Journal's decision editors.
March 14, 2023 at 01:22 PM
2 minute read
In March 2020, Zachary Solomon was admitted to St. Joseph Hospital for COVID-19. Shortly thereafter he was intubated for 10 days, developing severe pressure sores. He sued St. Joseph Hospital, and its operator Catholic Health Systems of Long Island Inc. for malpractice, negligence, and gross negligence.
Federally removing suit, defendants Hospital and Catholic Health sought dismissal for lack of subject-matter jurisdiction asserting state and federal immunities under the Emergency or Disaster Treatment Protection Act (EDTPA), New York Public Health Law §§3030-3032, and the Public Readiness and Emergency Protection Act (PREP Act).
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