A federal judge has dismissed a wrongful death lawsuit against former New York Governor Andrew Cuomo, sparking controversy and raising questions about accountability in the handling of the pandemic.
At a Glance
- Federal judge dismisses wrongful death lawsuit against former Gov. Andrew Cuomo
- Lawsuit filed by Daniel Arbeeny, whose father died in a Brooklyn nursing home
- Approximately 15,000 seniors died from coronavirus in New York nursing homes
- Plaintiff plans to appeal the dismissal, asserting confidence in the truth of his case
Lawsuit Dismissal and Its Implications
In a significant legal development, a federal judge has dismissed a wrongful death lawsuit against former New York Governor Andrew Cuomo. The lawsuit, filed by Daniel Arbeeny, alleged that Cuomo’s directive requiring nursing homes to accept positive patients led to the death of Arbeeny’s father, Norman, along with thousands of other seniors in New York nursing homes.
The dismissal comes as a blow to families seeking accountability for the estimated 15,000 seniors who died from coronavirus in New York nursing homes. Judge LaShann DeArcy Hall of the Eastern District of New York granted the motion to dismiss the suit, though the specific reasons for the dismissal have not been released.
UPDATE: A federal judge has dismissed a wrongful death lawsuit against former Gov. Andrew Cuomo for his handling of the COVID-19 pandemic. @AliBaumanTV has the latest. https://t.co/feYRrqXlFp
— CBS New York (@CBSNewYork) October 1, 2024
Cuomo’s Response and Political Implications
Cuomo’s legal team has consistently maintained that the lawsuit was politically motivated. Rich Azzopardi, Cuomo’s spokesperson, celebrated the dismissal, stating, “During the last four years, the debate over coronavirus in nursing homes has been weaponized, distorted and contorted beyond recognition by those using this situation for their own politics.”
This legal victory for Cuomo comes amid speculation about a potential political comeback, possibly eyeing a mayoral run if current New York City Mayor Eric Adams is forced from office. The dismissal follows previous decisions by the Department of Justice and the Manhattan district attorney to drop similar probes into Cuomo’s handling of the pandemic.
Plaintiff’s Perspective and Next Steps
Despite the setback, Daniel Arbeeny remains determined to seek justice for his father and others who lost their lives in nursing homes during the pandemic. Expressing disappointment with the ruling, Arbeeny announced his intention to appeal the decision.
“We’re going to win — it’s just going to take a little longer,” Arbeeny said. “We’re not going to give up — 15,000 people died. He forced COVID patients into nursing homes when they had other options.”
Arbeeny emphasized the importance of learning from this incident to protect future nursing home residents. He stated, “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.”
Ongoing Controversy and Congressional Scrutiny
The dismissal of this lawsuit does not mark the end of the controversy surrounding Cuomo’s handling of the pandemic. A recent congressional report suggested that Cuomo altered a state review to underreport nursing home coronavirus deaths. In September, Cuomo testified before Congress about his pandemic response, facing questioning from representatives like Elise Stefanik about his actions and subsequent book deal.
As the legal and political fallout continues, the debate over coronavirus policies in nursing homes remains a contentious issue. The dismissal of this lawsuit may provide some legal relief for Cuomo, but it is unlikely to quell the ongoing discussions about accountability and transparency in pandemic response measures.
