Emergency Medical Service workers unload a patient out of their ambulance at the Cobble Hill Health Center on April 18, 2020, in Brooklyn, New York City, left, and Cuomo testifying before Congress, right. (Justin Heiman/Getty Images, left, and Kent Nishimura/Getty Images, right.)
NYC MAYOR SAYS CUOMO SHOULD 'ANSWER' COVID NURSING HOME ALLEGATIONS
More than 9,000 recovering coronavirus patients were released from hospitals into nursing homes under the directive, which was later rescinded amid speculation that it had accelerated outbreaks.
The eight plaintiffs in the case 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 their deaths as well as being liable for failing to accurately report the number of nursing home deaths in New York state that resulted from the virus.
Failla, an Obama appointee, said the government wasn’t directly responsible for the deaths, even if its policies had tragic consequences.
"The Court’s sympathy for Plaintiffs and their loved ones simply cannot supplant governing law," Failla wrote.
She wrote that the plaintiffs' arguments did not meet the high bar of "shocking the public conscience" which is needed for this type of lawsuit and that officials acted during a fast-moving crisis.
The family members accused the defendants of violating the Due Process Clause of the 14th Amendment. They also brought state law claims including wrongful death and gross negligence under New York law.
Failla dismissed most of the claims on jurisdictional grounds and without prejudice.
"The Court does not question the sincerity or depth of Plaintiffs’ loss," she wrote. "But the law, as it currently stands, does not permit recovery against the Defendants for the harms alleged."
She also emphasized that the case was dismissed based on legal standards, not a denial that harm occurred.
Healthcare workers wheel the body of a deceased person from the Wyckoff Heights Medical Center during the outbreak of the coronavirus disease in Brooklyn, New York City, on April 2, 2020. (REUTERS/Brendan Mcdermid)
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A state report later commissioned by Cuomo's successor, Gov. Kathy Hochul, found that while the policies on how nursing homes should handle COVID-19 were "rushed and uncoordinated," they were based on the best understanding of the science at the time.
Cuomo ultimately resigned from office in August 2021 following sexual harassment allegations, which he denies.
Fox News’ Greg Norman Bradford Betz, Maria Paronich and the Associated Press contributed to this report.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
https://www.foxnews.com/politics/second-covid-nursing-home-deaths-case-against-cuomo-tossed