Federal Court Dismisses Wrongful Death Lawsuit Against Former NY Governor Andrew Cuomo

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A federal judge dismisses a wrongful death lawsuit against former New York Governor Andrew Cuomo, raising questions about government accountability during the pandemic crisis.

At a Glance

  • Federal court dismisses lawsuit challenging Cuomo’s 2020 directive on pandemic patients in nursing homes
  • Approximately 15,000 seniors died from COVID-19 in New York nursing homes following this policy
  • Plaintiff Daniel Arbeeny, who lost his father in a Brooklyn nursing home, plans to appeal the decision
  • Dismissal raises concerns about protecting vulnerable citizens and holding officials accountable during crises

Court Dismisses Lawsuit Against Cuomo

A federal judge has dismissed a wrongful death lawsuit against former New York Governor Andrew Cuomo, stemming from his handling of the pandemic in nursing homes. The lawsuit, filed by Daniel Arbeeny and other families who lost loved ones in long-term care facilities, challenged Cuomo’s controversial March 25, 2020 directive that required nursing homes to accept positive patients.

Judge LaShann DeArcy Hall of the Eastern District of New York granted the motion to dismiss the suit, although the specific reasons for the dismissal have not been released. This decision follows previous determinations by the Department of Justice and the Manhattan district attorney to drop similar investigations into Cuomo’s nursing home policies.

Impact on Nursing Home Residents

The lawsuit’s dismissal has reignited debates about the protection of vulnerable populations during public health crises. Arbeeny’s father, Norman, was one of approximately 15,000 seniors who died from the pandemic in New York nursing homes following Cuomo’s directive. Critics argue that the former governor’s actions may have led to up to 9,000 excess deaths in these facilities.

“We can’t let this happen again to our most loved people, our grandparents and parents, in nursing homes. We can’t and if we don’t learn now, we’re never gonna learn and it’s gonna happen again,” Daniel Arbeeny said.

The dismissal has sparked concerns about government accountability and the protection of individual rights during public health emergencies. Arbeeny and other plaintiffs emphasize the importance of learning from this incident to safeguard future nursing home residents.

Cuomo’s Response and Political Implications

Cuomo’s defense team successfully argued that the lawsuit was politically motivated. His spokesperson, Rich Azzopardi, claimed that “justice has prevailed” and criticized the politicization of the pandemic nursing home debate.

This legal victory for Cuomo comes amid speculation of a potential political comeback. Some sources suggest he may be considering a run for New York City mayor if the current mayor, Eric Adams, is forced from office. However, Cuomo’s political future remains uncertain, given the controversies surrounding his tenure as governor, including his resignation in 2021 amid harassment allegations.

Moving Forward

The case’s dismissal and potential appeal underscore the ongoing debate about government responsibility and accountability during times of crisis.

As the legal battle continues, the broader implications of this case for public health policy, elder care, and government transparency during emergencies remain subjects of intense scrutiny and debate. The outcome of this lawsuit and its potential appeal may have far-reaching consequences for how future crises are managed and how elected officials are held

Sources:

  1. COVID nursing home lawsuit against former Gov. Andrew Cuomo dismissed
  2. Judges tosses wrongful death suit against Cuomo over order requiring COVID patients into nursing homes

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