Supreme Court Declines To Revive Cuomo Nursing Home Lawsuit

The Supreme Court of the United States has declined to revive a wrongful death lawsuit against former New York Gov. Andrew Cuomo tied to his administration’s COVID-19 nursing home policies.

In a routine order, the high court denied certiorari, meaning it will not hear the appeal of a case brought by Brooklyn resident Daniel Arbeeny. The lawsuit alleged that Cuomo’s 2020 directive requiring nursing homes to accept COVID-positive patients contributed to the death of Arbeeny’s father.

The Supreme Court did not provide a reason for declining the case, which is standard practice. The decision effectively ends Arbeeny’s legal challenge after lower courts had already dismissed the claims.

The case was previously thrown out by a federal judge and later upheld by an appeals court, both of which ruled that Cuomo was protected by qualified immunity. That legal doctrine shields government officials from liability unless they violate clearly established constitutional or statutory rights.

Arbeeny, who said he was disappointed by the outcome, maintained that the policy led to deadly consequences for nursing home residents and accused the state of misrepresenting the impact.

Cuomo’s representatives pushed back, saying that multiple investigations and court rulings have found no wrongdoing by the former governor or his administration. They argued the policy was implemented during the early days of the pandemic to prevent hospitals from being overwhelmed.

The controversy centers on a March 2020 directive issued by the Cuomo administration requiring nursing homes to admit or readmit patients who had tested positive for COVID-19. Critics have argued the policy increased risks for vulnerable elderly residents, while officials at the time said it was necessary to manage hospital capacity during the public health emergency.

More than 15,000 nursing home residents in New York ultimately died during the pandemic, though the extent to which specific policies contributed to those deaths has been the subject of ongoing debate and investigation.

With the Supreme Court declining to hear the case, the lower court rulings stand, closing the door on further appeals in this particular lawsuit.