In recent legal developments, a lawsuit alleging wrongful COVID-19 death, filed by married frontline health care workers, was reinstated by the Appellate Division. The case focuses on a heated dispute over workplace safety standards involving the reuse of masks and gowns during the COVID-19 pandemic. The defendants in this case are Bergen and the Palisades, with the core legality in question being the compelling of health care workers to reuse protective equipment.
Critically, the key point of contention in the appeal and reinstatement was that the first judge’s opinion failed to consider Susana’s direct claim against the Bergen defendants. The initial ruling centered on allegations made by Alfredo against the Palisades defendants. His claim was that the plaintiffs were compelled to “reuse masks and gowns” and whether Susana could prove her injuries were proximately caused by this action.
In the view of the appellate court, the original judgment lacked a comprehensive analysis of Susana’s allegations. That absence necessitated the reinstatement of the case, as it prevented the ability to engage in “meaningful review”. As a result, the case stands reinstated and will now proceed to further judicial reviews and potentially a trial.
For more detailed legal analysis of this case, legal professionals can refer to the Appellate Division’s opinion here.