Judges in Cuomo Nursing Home Case Ponder Uniqueness of Pandemic

Second Circuit judges Tuesday wrestled with whether the unique circumstances surrounding the Covid-19 pandemic can further protect former Gov. Andrew Cuomo (D) and other state officials from being held liable for nursing home deaths that occurred as a result of a patient transfer policy the state implemented.

Judge Michael H. Park said there has to be a “clearly established” infringement of rights on the part of the state to allow the families of nursing home residents to proceed with claims that their relatives died from Covid as a result of the state’s March 2020 policy directing nursing homes to readmit ...