NEW YORK (WCBS 880) — A lawsuit against a nursing home on Long Island could soon open the floodgates for hundreds of other families looking for closure following the coronavirus pandemic.
In early 2020, an executive order signed by Gov. Andrew Cuomo gave all nursing homes in New York state legal immunity throughout the pandemic, meaning they could not be held liable for COVID-19 deaths.
The law was recently repealed but, the courts were left to decide if the repeal could be applied retroactively.
Now, a lawsuit against Our Lady of Consolation, a nursing home in West Islip, will look to answer that question.
“They brought this lawsuit to fight for some sense of justice and closure for their families,” says Assemblyman Ron Kim.
He filed a brief in the lawsuit, saying his intent behind repealing the executive order was so that nursing homes could be held accountable for past deaths as well.
The lawsuit was filed by Vivian Zayas, who lost her mother to COVID-19 last year, when the executive order was still in effect.
Kim says the lawsuit is justified as many families are realizing their loved ones were not being cared for properly.
“Families have discovered during the pandemic that their loved ones were not properly isolated in these facilities, that staff members were not given PPE,” Kim said.
He says nursing homes had a duty to protect their residents, and many failed miserably.
“They signed up to protect patients and residents, they should not rely on corporate immunity at a time of an emergency that will absolve them of any responsibility,” Kim said.
Lobbying groups for long-term care facilities are looking to dismiss the suit according to the New York Post, saying in a filing that the legal immunity helped preserve lives.
The groups refused to comment on the legal battle to WCBS 880.
Kim, however, said he thinks otherwise.
“I do hope that the courts will get this right because there's thousands of other families who are waiting patiently for this case,” he said.
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