Second COVID nursing home death’s case against Cuomo dismissed
A federal judge has dismissed a class-action lawsuit that accused former New York Gov. Andrew Cuomo and his administration of being responsible for the deaths of their loved ones in nursing homes during the height of the COVID-19 pandemic in 2020. U.S. District Court Judge Katherine Polk Failla wrote on Monday that while the situation was heartbreaking, the families’ legal arguments did not meet the standard for suing in federal court.
Cuomo, who was governor at the time, issued a directive in March 2020 that initially prevented nursing homes from turning away patients who had tested positive for COVID-19. The directive was intended to free up hospital beds that were overwhelmed by the pandemic. More than 9,000 recovering coronavirus patients were discharged from hospitals into nursing homes under this directive, which was later rescinded amid concerns that it had contributed to outbreaks.
The plaintiffs in the case, eight individuals, argued that their loved ones contracted COVID-19 in nursing homes and died as a result of the directive. They accused Cuomo and his administration of being civilly liable for these deaths and for failing to accurately report the number of nursing home deaths in New York state due to the virus.
Judge Failla, an Obama appointee, stated that while the situation was tragic, the government was not directly responsible for the deaths, even if its policies had unintended consequences. She explained that the plaintiffs’ arguments did not meet the high bar required for a lawsuit to proceed in federal court, as they did not “shock the public conscience.” Failla dismissed most of the claims on jurisdictional grounds and without prejudice, emphasizing that the case was dismissed based on legal standards, not a denial of the harm that occurred.
Cuomo’s spokesperson, Rich Azzopardi, welcomed the ruling, noting that it was the second case to be dismissed on similar grounds. Azzopardi stated that the truth prevailed when the issue was taken into the courts, away from the press and political arena. Cuomo, who is currently running for New York City Mayor, has maintained that the directive was based on guidance from the CDC and CMS at the time.
Despite the dismissal of the lawsuit, questions remain about the handling of COVID-19 deaths in nursing homes in New York state. A report released in March 2022 found that Cuomo’s Health Department had understated the number of deaths in nursing homes by as much as 50% during certain points of the pandemic. Cuomo ultimately resigned from office in August 2021 following sexual harassment allegations.
In conclusion, while the lawsuit against Cuomo and his administration has been dismissed, the debate over their handling of the COVID-19 pandemic in nursing homes continues. It remains to be seen how this ruling will impact future legal actions and investigations into the matter.
