A New York appellate court has upheld a lower court's decision to dismiss a wrongful death lawsuit against Fulton Commons Care Center, Inc., related to the COVID-19 death of a resident. The ruling, decided on November 4, 2026, affects the family of Gloria Slocum, who died while residing at the nursing home in April 2020. This case highlights the legal challenges faced by families seeking justice for loved ones who died during the pandemic.

The court's decision is significant as it addresses the legal protections that nursing homes had during the COVID-19 pandemic. Many facilities were granted immunity from liability under the Emergency or Disaster Treatment Protection Act, which has been a point of contention in various lawsuits across the state.

Background

The case, Odekirk v. Fulton Commons Care Ctr., Inc. (Docket No. 2025-02255), involves Charles Odekirk, who is the administrator of the estate of Gloria Slocum. He filed the lawsuit against Fulton Commons Care Center, which operated the nursing home where Slocum resided prior to her death. The plaintiff alleged that the nursing home’s gross negligence led to Slocum contracting COVID-19, which ultimately resulted in her death.

The lawsuit was initially filed in Nassau County, where the Supreme Court ruled on the matter. The plaintiff claimed that the nursing home failed to take adequate precautions to protect residents from the virus. In response, Fulton Commons Care Center filed a motion to dismiss the case, arguing that they were protected from such claims under the state's Emergency or Disaster Treatment Protection Act.

The Emergency or Disaster Treatment Protection Act provided legal immunity to healthcare facilities during the pandemic, shielding them from liability for damages resulting from their treatment of patients, as long as they acted in good faith. This legal framework was established to encourage healthcare providers to respond to the crisis without fear of litigation. The case made its way to the Appellate Division after the lower court granted the defendant's motion to dismiss.

The Ruling

The Appellate Division of the Supreme Court of the State of New York, in a decision authored by Justices Colleen D. Duffy, Lara J. Genovesi, Deborah A. Dowling, and James P. McCormack, affirmed the lower court's ruling. The court found that the plaintiff's claims did not meet the necessary legal standards to proceed. The court stated, "the allegations are no more than 'bare legal conclusions with no factual specificity [which] are insufficient to survive a motion to dismiss.'" This indicates that the court found the plaintiff's arguments lacking in detail and substance.

The court emphasized that when evaluating a motion to dismiss, the allegations in the complaint must be taken as true, and the court must determine whether those facts fit within any legal theory. However, the court concluded that the plaintiff's claims of gross negligence did not provide sufficient factual detail to warrant further legal proceedings.

The ruling also noted that the plaintiff's remaining arguments were improperly raised for the first time on appeal, further solidifying the court's decision to uphold the dismissal. As a result, the plaintiff's attempt to hold the nursing home accountable for the alleged negligence was rejected.

Impact

This ruling has significant implications for families seeking justice for loved ones lost during the pandemic. It reinforces the legal protections afforded to nursing homes and healthcare facilities under the Emergency or Disaster Treatment Protection Act. As a result, it may discourage similar lawsuits against nursing homes that operated during the pandemic, as they can argue immunity under this law.

The decision also highlights the challenges plaintiffs face when bringing wrongful death claims against healthcare providers, especially in the context of a public health crisis. Families may need to provide detailed evidence of negligence and specific failures on the part of the facility to succeed in such cases. The court's ruling may set a precedent for how similar cases are handled in the future, particularly regarding the standards for proving negligence in nursing home settings.

What's Next

The plaintiff has the option to appeal this ruling to a higher court, although details about whether an appeal will be pursued were not available in the court filing. There may also be related cases pending that challenge the legal protections granted to nursing homes during the pandemic, as families continue to seek accountability for COVID-19 related deaths.