What are the attorneys' excuses for not taking these cases and making us believe we have no way to get justice?
Three Years of Lies and Excuses. Enough is Enough.
Three years of fighting for justice for my daughter, and all I’ve been given are lies, excuses, and closed doors.
Not one attorney told me that hospital immunity was lifted on April 6th, 2021, yet when I filed my case, they threw that right in my face.
Background on New York’s COVID-19 Legal Immunity:
In March 2020, New York passed the Emergency or Disaster Treatment Protection Act (EDTPA), which shielded healthcare facilities, doctors, and nurses from most lawsuits related to COVID-19 care, unless there was willful misconduct or gross negligence.
This law was partially rolled back in August 2020, removing protections for non-COVID-related care.
Finally, on April 6, 2021, Governor Andrew Cuomo signed a full repeal, officially ending the legal immunityfor healthcare providers in New York.
What This Means:
Before April 6, 2021 – Hospitals, doctors, and nurses were largely protected from malpractice lawsuits if they were providing COVID-related care.
After April 6, 2021 – They could again be sued for medical malpractice or negligence, even for COVID-19-related treatment.
Background: Emergency or Disaster Treatment Protection Act (EDTPA)
Enactment: In April 2020, New York enacted the EDTPA to provide legal immunity to healthcare facilities and professionals during the COVID-19 pandemic. This immunity protected them from liability for harm or damages alleged to have been sustained due to their care during the pandemic, except in cases of gross negligence or willful misconduct.
Repeal of EDTPA
Legislation: On April 6, 2021, Governor Andrew Cuomo signed into law Senate Bill S5177, which repealed Article 30-D of the Public Health Law, effectively ending the legal immunity previously granted under the EDTPA.
Purpose of Repeal: The repeal aimed to hold healthcare administrators accountable and prevent further preventable deaths, as concerns had arisen that the immunity provisions may have led to negligence by some healthcare facility administrators and executives.
Prospective Application: The repeal applies prospectively from April 6, 2021, meaning that the legal immunity protections were removed for actions occurring after this date. Actions taken between March 7, 2020, and April 6, 2021, remain protected under the original EDTPA provisions.
Restoration of Standard Liability: With the repeal, healthcare facilities and professionals in New York are now subject to standard liability laws for medical malpractice and negligence, including in the context of COVID-19 patient care.
New York State Nurses Association (NYSNA) Position Statement: For insights into the nursing community's perspective on the liability protection rollback, refer to NYSNA's position statement:
Let me be clear... The PREP Act does NOT protect them from intentional harm and willful misconduct.
They intentionally overdosed my daughter with fentanyl patches, fentanyl drips, morphine, propofol, and other deadly drugs — drugs that were never meant to heal her. They put her on a ventilator when she didn't need one. They tortured her to death for profit.
So why won’t attorneys take these cases?
The PREP Act Protection: Many attorneys hide behind the PREP Act, which grants immunity to hospitals and medical professionals during the COVID-19 pandemic. However, this immunity does not cover willful misconduct or intentional harm, which is exactly what happened to my daughter.
Fear of Retaliation: Some attorneys are afraid to go up against powerful hospital systems and big pharma because they control the courts and have endless resources to fight back.
Statute of Limitations: They often use the excuse that the statute of limitations has expired, ignoring the fact that families like mine were intentionally misled and lied to for years, preventing us from discovering the truth.
Lack of Medical Experts: Attorneys claim they can't find a medical expert to testify, but the reality is that many experts are too afraid to speak out against the system.
"No Case" Excuse: They tell grieving families there is "no case" because they can't prove negligence. But when you overdose a patient on fentanyl, morphine, propofol, and other deadly drugs, that is not negligence — it’s murder.
Money-Driven Agenda: Many attorneys are more focused on easy settlements and big payouts. Cases like ours require real courage and integrity, which few are willing to stand up for.
Their greed for easy settlements and fear of exposing the truth.
The truth is ……They want us to believe we have no case, so we give up.
But I refuse to be silenced. I filed the case myself — Index No: 605957/2024.
By the grace of God, 6 of the defendants were NOT dismissed and I have depositions on May 6th, 7th, and 8th. One of those defendants is the doctor who signed my daughter's death certificate after knowingly overdosing her.
I will not stop. I will expose what they did to my daughter, Danielle. I will fight for justice for every parent who was silenced. I will hold these murderers accountable.
➡ Please Help Donate now. We all need to get justice. Let’s stop the killing!
Fear of Retaliation, Lack of medical experts, No case. They are all in it for the love of money. Our case fell apart for these reasons. The medical experts for each system protect the doctor of that system (neurology, toxicology etc.), saying they did what would be okay. Really? Because like your daughter, my daughter was healthier when she went in than coming out in a body bag because of what they did and in her case, DIDN'T DO. My daughter will not receive justice for them killing her. Today is her 27th birthday, but I do not get to celebrate with her because of their love of money and lack of caring. We will wait for God to provide the justice. You are so strong to keep fighting.
Rebecca I will donate and I will buy shirts! My prayers continue for you every day! Never give up! I dont know how any parent or loved one can give up and let these evil people in hospitals get away with this! They will just continue killing as long as people remain quiet I just pray that all of the people who have suffered a loss to a hospital Will come together and expose this!
Fear of Retaliation, Lack of medical experts, No case. They are all in it for the love of money. Our case fell apart for these reasons. The medical experts for each system protect the doctor of that system (neurology, toxicology etc.), saying they did what would be okay. Really? Because like your daughter, my daughter was healthier when she went in than coming out in a body bag because of what they did and in her case, DIDN'T DO. My daughter will not receive justice for them killing her. Today is her 27th birthday, but I do not get to celebrate with her because of their love of money and lack of caring. We will wait for God to provide the justice. You are so strong to keep fighting.
Rebecca I will donate and I will buy shirts! My prayers continue for you every day! Never give up! I dont know how any parent or loved one can give up and let these evil people in hospitals get away with this! They will just continue killing as long as people remain quiet I just pray that all of the people who have suffered a loss to a hospital Will come together and expose this!