I received a phone call today from my lawyer about my brother Johnny’s lawsuit against his nursing home. It was dismissed today by the judge because of Governor Cuomo’s immunity clause protecting all nursing homes against lawsuits in the beginning months of the COVID-19 Pandemic. Even though I expected this injustice, it was still a massive gut punch and I felt like I could not breathe.

It was never about the money. The nursing home accepted Johnny after his surgery for short term rehabilitation. There was no warning to us that COVID-19 was all over the facility. They closed the facility the next day. I am quite certain his roommate had Covid from all of his symptoms that Johnny reported. Then, later the nursing home took in hospital patients who were treated for Covid. Many were still active with Covid and many could not be tested since there were limited test kits. Infection control in the facility was abysmal. Johnny told me staff members were running out of masks. I could go on and on.

I understand immunity for the professionals such as doctors, nurses, therapists etc. I will never understand immunity for not warning us about the amount of Covid in the nursing home and for the poor infection control and lack of personal protective equipment. They just took my brother into their Lions Den and my brother was eaten alive. There was no justice and no accountability. Yet I know I carried on the good fight with all my heart and all my soul to fight for Johnny for six years. What will happen the next time?