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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