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Health Law & Business
A medical worker administers a rapid Covid-19 test at a drive-through site in
Oakland, Calif., in October.
Photographer: David Paul Morris/Bloomberg
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Feb. 14, 2024, 4:37 AM HST


NY’S COVID-19 PROVIDER SHIELD LAW APPLIES TO PRE-REPEAL CASES

By Mary Anne Pazanowski

Mary Anne Pazanowski
Legal Reporter

 * Strong presumption against retroactivity applies in New York
 * No evidence of gross negligence within shield law’s exception

A Bronx nursing home can’t be held liable for the Covid-19 related death of one
of its residents despite a repeal of the law shielding it, a state appeals court
said.

A 2020 provision shielded the state’s health-care providers from civil liability
for negligence that allegedly caused injuries or deaths during the pandemic’s
early days despite its 2021 repeal, the New York Supreme Court Appellate
Division, First Department said Tuesday.

New York was one of several states where lawmakers enacted shield laws for
health-care providers in light of the public health emergency, but the scope of
such laws and their ...


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