Crampton v. Garnet Health
Decision Date | 13 September 2021 |
Docket Number | Index No. EF002981-2021 |
Parties | Elaine CRAMPTON and Clarence Crampton, Plaintiffs, v. GARNET HEALTH f/k/a The Greater Hudson Valley Health System, Garnet Health Medical Center f/k/a Orange Regional Medical Center, Garnet Health Urgent Care, P.C. f/k/a ORMC Urgent Care, Garnet Health Doctors, P.C. f/k/a Orange Regional Medical Group, Montgomery Operating Co., LLC d/b/a Montgomery Nursing and Rehabilitation Center, Montgomery Nursing and Rehabilitation Center and Debbie "Doe" ("Doe" being Fictitious and/or unknown), Defendants. |
Court | New York Supreme Court |
For Plaintiffs Ann R. Johnson, Esq., Finkelstein & Partners, Newburgh, NY
For Defendant Shannon Maureen Henderson, Esq., Kaufman Borgeest & Ryan LLP, Valhalla, NY
It is ORDERED that the motion of defendant Montgomery Operating Co., LLC d/b/a Montgomery Nursing and Rehabilitation Center for dismissal in part of the Plaintiffs’ claims against it is disposed of as follows:
I. PLAINTIFFS’ COMPLAINT
Plaintiffs commenced this action to recover for personal injuries allegedly sustained by plaintiff Elaine Crampton while a resident of the Montgomery Nursing and Rehabilitation Center during the period May 21, 2020 to July 1, 2020. Plaintiffs allege that Ms. Crampton sustained injuries including pressure ulcers
and fungal dermatitis, and in addition that she was sexually assaulted by one of Montgomery's female employees. The complaint asserts causes of action for (1) violation of Public Health Law § 2801-d, (2) negligence, (3) gross negligence, and (4) the sexual assault.
Plaintiffs allege that Montgomery violated Public Health Law § 2801-d in that it:
The complaint further alleges that "the failures and deprivations set forth herein constitute the willful and/or reckless deprivation of Plaintiff's rights and/or benefits pursuant to and in accordance with New York Public Health Law §§ 2801-d [and other statutes]." (¶61)
Plaintiffs allege that Montgomery was negligent in that it:
Based on the foregoing, Plaintiffs assert a claim for gross negligence in these terms:
II. PUBLIC HEALTH LAW § 3082 IMMUNITY
Defendant Montgomery Operating Co., LLC d/b/a Montgomery Nursing and Rehabilitation Center ("Montgomery") moves for dismissal of the Plaintiffs’ claims — except insofar as they relate to the sexual assault — asserting that those claims are barred by Public Health Law § 3082.
In response to the COVID-19 pandemic, the New York Legislature passed the Emergency or Disaster Treatment Protection Act. The Act's "Declaration of Purpose" states:
A public health emergency that occurs on a statewide basis requires an enormous response from state and federal and local governments working in concert with private and public health care providers in the community. The furnishing of treatment of patients during such a public health emergency is a matter of vital state concern affecting the public health, safety and welfare of all citizens. It is the purpose of this article to promote the public health, safety and welfare of all citizens by broadly protecting the health care facilities and health care professionals in this state from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.
To that end, the Legislature enacted in Public Health Law ("PHL") § 3082 a broadly defined "immunity from any liability" for health care facilities and professionals, effective March 7, 2020 and throughout the entire period of Ms. Crampton's May 21 - July 1, 2020 residency at Montgomery, as follows:
or health care professional shall have immunity from any liability, civil or criminal , for any harm or damages2 alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services,3 if:
III. DEFENDANT MONTGOMERY'S MOTION FOR DISMISSAL
Defendant Montgomery moves pursuant to CPLR § 3211(a)(7) for dismissal of the Plaintiffs’ claims — except insofar as they relate to the sexual assault — asserting that those claims are barred by Public Health Law § 3082. In support of its motion, Montgomery proffers the affidavit of Maureen Palffy, its Director of Nursing during the entire period of Ms. Crampton's residency. Asserting direct personal knowledge of "Montgomery's response efforts to COVID-19 and its impact on the operations of the facility and its staffing" (Aff. ¶ 1), Ms. Palffy avers:
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