A New York appellate court has ruled that Highland Care Center, Inc., is immune from wrongful death claims related to COVID-19. This decision affects the estate of Alan G. Glixon, who died in April 2020 after allegedly contracting the virus while residing at the nursing home. The ruling emphasizes the legal protections health care facilities received during the pandemic under the Emergency or Disaster Treatment Protection Act (EDTPA).
The case, Glixon v. Highland Care Ctr., Inc., was decided by the Appellate Division of the Supreme Court of the State of New York on August 19, 2026, under docket number 2024-08100. The court's decision is significant as it clarifies the extent of legal immunity granted to health care providers during the COVID-19 crisis.
Scott Glixon, the plaintiff and administrator of the estate of the deceased, filed the lawsuit against Highland Care Center and others, claiming that the nursing home was responsible for the COVID-19 infection that led to the decedent's death. The plaintiff alleged violations of Public Health Law § 2801-d, along with negligence and gross negligence.
The dispute arose after the nursing home filed a motion to dismiss the complaint, arguing that it was protected from liability under the EDTPA. This law provided immunity to health care facilities from civil or criminal liability for harm resulting from actions taken in response to the COVID-19 pandemic, provided certain conditions were met.
The Supreme Court initially denied Highland Care Center's motion to dismiss on May 6, 2024, and a subsequent motion for leave to renew and reargue was also denied on January 13, 2025. The nursing home then appealed these decisions, leading to the recent ruling.
In its ruling, the court reversed the lower court's decision, granting Highland Care Center's motion to dismiss the complaint. The judges involved in this ruling were Francesca E. Connolly, Linda Christopher, Lourdes M. Ventura, and Donna-Marie E. Golia. The court stated, "The Supreme Court should have granted the defendant's motion to dismiss the complaint insofar as asserted against it on the ground of immunity under the EDTPA."
The court found that Highland Care Center met the criteria for immunity under the EDTPA. The evidence presented showed that the nursing home was providing health care services in accordance with COVID-19 emergency rules and that the care provided was in good faith. The court noted that the plaintiff's claims of gross negligence were not supported by sufficient factual allegations, stating, "The allegations are no more than 'bare legal conclusions with no factual specificity.'"
This ruling has significant implications for similar cases involving health care facilities during the pandemic. It reinforces the legal protections that were extended to providers, which could limit the ability of families to seek damages for wrongful death claims related to COVID-19. The decision may affect how future cases are approached, particularly those involving health care providers and the standards of care during the pandemic.
The court's decision also highlights the challenges faced by plaintiffs in proving claims of gross negligence against health care facilities. The ruling indicates that without clear and specific factual allegations, courts may be inclined to dismiss such claims, particularly when immunity laws are in play.
Looking ahead, it is unclear whether the plaintiff will seek to appeal this ruling. The court dismissed the appeal regarding the denial of the motion to reargue, stating that no appeal lies from an order denying reargument. However, the legal landscape surrounding COVID-19-related claims remains complex, and other cases may emerge as families continue to seek justice for losses incurred during the pandemic.
Details were not available in the court filing regarding any related cases or potential appeals by the plaintiff. The outcome of this case may influence similar lawsuits across New York and potentially set a precedent for how courts handle claims against health care providers during public health emergencies.