A New York appellate court has ruled in a case involving a nursing home and the family of a deceased resident who contracted COVID-19 while living there. The decision, issued on June 24, 2026, by the Appellate Division of the Supreme Court of the State of New York, reverses a lower court's ruling that had denied the nursing home's request to dismiss claims of gross negligence. This ruling could have significant implications for similar cases involving nursing homes and COVID-19.
The case, Agams v. Shore View Acquisition I, LLC, involves the estate of Rashad Agamamedov, who died from COVID-19 on April 4, 2020, after residing at Shore View Acquisition I, a nursing home. The plaintiff, Amina Agams, as the administrator of Agamamedov's estate, accused the nursing home of gross negligence, claiming that the facility's actions led to the infection and subsequent death of her relative. The nursing home sought to dismiss the gross negligence claim, arguing that it was protected under the Emergency or Disaster Treatment Protection Act (EDTPA), which provided immunity to healthcare facilities during the COVID-19 emergency.
The EDTPA was designed to shield healthcare providers from civil liability for certain acts or omissions while treating patients during the pandemic. The nursing home contended that the allegations made by the plaintiff did not meet the threshold for gross negligence, which requires a showing of willful or intentional misconduct or a reckless disregard for the safety of others. The lower court initially denied the nursing home's motion to dismiss the gross negligence claim, prompting the appeal.
In its ruling, the appellate court found that the lower court had erred in denying the motion to dismiss. The court stated, "The factual allegations in the amended complaint, even as amplified by the plaintiff's submissions in opposition to the defendant's motion, were insufficient to support a claim of willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm such that the exception to immunity provided by Public Health Law former § 3082(2) applies." The judges involved in the ruling included Angela G. Iannacci, Paul Wooten, Deborah A. Dowling, and James P. McCormack.
The appellate court's decision reverses the lower court's order and grants the nursing home's motion to dismiss the gross negligence claim. This ruling underscores the legal protections afforded to healthcare facilities under the EDTPA, particularly in cases related to the COVID-19 pandemic. The court's opinion clarifies that for a claim of gross negligence to proceed, there must be substantial evidence of misconduct that goes beyond mere negligence.
The impact of this ruling may extend beyond this specific case, potentially affecting other wrongful death lawsuits against nursing homes and healthcare providers related to COVID-19. It sets a precedent that reinforces the legal immunity granted to healthcare facilities during the pandemic, making it more challenging for plaintiffs to prove gross negligence in similar contexts. This decision could discourage future lawsuits against nursing homes for COVID-19 related claims unless there is clear evidence of gross negligence or intentional wrongdoing.
As for the future of this case, the plaintiff may have the option to appeal the appellate court's decision to a higher court. However, details on whether an appeal will be filed were not available in the court filing. There may also be related cases pending that could further clarify the legal standards for gross negligence in the context of nursing home care during the pandemic.