A federal judge dismissed the class action lawsuit alleging the former New York State government. Andrew Cuomo and his management of responsibility for the deaths of loved ones in nursing homes during the 2020 Covid-19 pandemic.
Despite what happened heartbreakingly, the family’s legal arguments did not meet the standards of prosecution in federal court, U.S. District Judge Katherine Polk Failla wrote on Monday.
Cuomo, who was then governor, issued a directive in March 2020 that initially prohibited nursing homes from refusing to accept patients who were positive for COVID-19. The directive is designed to release overwhelmed hospital beds.
Emergency medical service staff on April 18, 2020 in Brooklyn, New York City, will unload the ambulance at the Cobblestone Hill Health Center, left and Cuomo proved before Congress. (Justin Heiman/Getty Images, left and Kent Nishimura/Getty Images, right.)
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More than 9,000 recovery Coronavirus patients Released from the hospital to nursing homes under the directive, it was later speculated that it had accelerated its outbreak.
Eight plaintiffs in the case argued that their loved ones signed up for Covid-19 in nursing homes and died as a result of the directive. They accused Cuomo and his administration of responsibility for their deaths and were not responsible for failing to accurately report the number of deaths in nursing homes in New York State.
Failla, who was appointed by Obama, said the administration is not directly responsible for the death even if its policies have tragic consequences.
“The court’s sympathy for the plaintiffs and loved ones simply cannot replace the law,” Falla wrote.
She wrote that the plaintiff’s arguments did not meet the high standards of “shocking the public conscience”, which is required by such litigation, and officials took action in a rapidly developing crisis.
The family accused the defendant of violating due process clauses of the 14th Amendment. They also filed claims under state laws, including New York laws, including false death and serious negligence.
Failla dismissed most of the proceedings without prejudice.
“The court does not question the sincerity or depth of the plaintiff’s losses,” she wrote. “But the current law does not allow for the harm alleged compensation against the defendants.”
She also stressed that the case was rejected according to legal standards and did not deny the harm.
Former New York Governor Andrew Cuomo testified on September 10, 2024 at the Rayburn House Office Building in the U.S. Capitol in Washington, DC. (Kent Nishimura/Getty Images)
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Cuomo spokesman Rich Azzopardi welcomed the ruling and noted that it was the second case to be abandoned on similar grounds.
“Any time this issue is pulled from the media or political stage and into the court, the truth wins,” Azzopardi said.
Azzopardi said the case follows three separate investigations from the Justice Department and the Manhattan District Attorney’s Office.
“Again, justice is competent.”
Cuomo, who is currently running for mayor in New York City, had previously stated that the directive was based on the Centers for Disease and Prevention (CDC) and the then-Medicare and Medicaid Services (CMS) guidance centers.
New York State Auditor General’s report released in March 2022 finds Cuomo’s health department “At some points of the pandemic, it is not transparent in reports reporting Covid-19 deaths in nursing homes” and “underestimated as much as 50% of the deaths in nursing homes.
The former governor was roasted Republican congressman Last year, the Republicans in the House subsequently recommended the Justice Department to file criminal charges against him. They accused him of lying to Congress in a House Oversight Committee investigation into excessive nursing home deaths.
Health care workers rotated from the body of a deceased at Wyckoff Heights Medical Center during the coronavirus outbreak in Brooklyn, New York on April 2, 2020. (Reuters/Brendan McDermid)
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Later, a national report commissioned by Cuomo’s successor, Kathy Hochul, found that while policies on how nursing homes should handle Covid-19 were “hurried and inconsistent”, they were based on their best understanding of science at the time.
Cuomo eventually resigned in August 2021 after allegations of sexual harassment he denied.
Fox News’s Greg Norman Bradford Betz, Maria Paronich and the Associated Press contributed to the report.
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