Second COVID nursing home death's case against Cuomo tossed
A federal judge has dismissed a class-action lawsuit accusing former New York Gov. Andrew Cuomo and his administration of being responsible for the deaths of their loved ones in nursing homes during the height of the COVID-19 pandemic in 2020.
U.S. District Court Judge Katherine Polk Failla wrote on Monday that although what happened was heartbreaking, the families' legal arguments didn't meet the standard for suing in federal court.
Cuomo, who was governor at the time, issued a March 2020 directive that initially barred nursing homes from refusing to accept patients who had tested positive for COVID-19. The directive was aimed at freeing up beds for overwhelmed hospitals.
More than 9,000 recovering coronavirus patients were released from hospitals into nursing homes under the directive, which was later rescinded amid speculation that it had accelerated outbreaks.
The eight plaintiffs in the case argued that their loved ones contracted COVID-19 in nursing homes and died as a result of the directive\. They accused Cuomo and his administration of being civilly liable for their deaths as well as being liable for failing to accurately report the number of nursing home deaths in New York state that resulted from the virus.
Failla, an Obama appointee, said the government wasn't directly responsible for the deaths, even if its policies had tragic consequences.
"The Court's sympathy for Plaintiffs and their loved ones simply cannot supplant governing law," Failla wrote.
She wrote that the plaintiffs' arguments did not meet the high bar of "shocking the public conscience" which is needed for this type of lawsuit and that officials acted during a fast-moving crisis.
The family members accused the defendants of violating the Due Process Clause of the 14th Amendment. They also brought state law claims including wrongful death and gross negligence under New York law.
Failla dismissed most of the claims on jurisdictional grounds and without prejudice.
"The Court does not question the sincerity or depth of Plaintiffs' loss," she wrote. "But the law, as it currently stands, does not permit recovery against the Defendants for the harms alleged."
She also emphasized that the case was dismissed based on legal standards, not a denial that harm occurred.
Cuomo spokesperson Rich Azzopardi welcomed the ruling and noted it was the second such case to be tossed on similar grounds.
"Anytime this issue gets taken out of the press or the political arena and into the courts, the truth wins," Azzopardi said.
Azzopardi said the case follows three separate probes by the Justice Department as well as the Manhattan District Attorney's Office.
"Once again, justice has prevailed."
Cuomo, who is currently running for New York City Mayor, has previously said that the directive was based on Center for Diseases and Prevention (CDC) and Centers for Medicare and Medicaid Services (CMS) guidance at the time.
A report released in March 2022 by the New York state comptroller found Cuomo's Health Department "was not transparent in its reporting of COVID-19 deaths in nursing homes" and it "understated the number of deaths at nursing homes by as much as 50%" during some points of the pandemic.
The former governor was grilled by Republican lawmakers last year about following which House Republicans subsequently recommended the Justice Department pursue criminal charges against him. They accused him of intentionally lying to Congress during the House Oversight Committee's investigation into the excessive number of nursing home fatalities.
A state report later commissioned by Cuomo's successor, Gov. Kathy Hochul, found that while the policies on how nursing homes should handle COVID-19 were "rushed and uncoordinated," they were based on the best understanding of the science at the time.
Cuomo ultimately resigned from office in August 2021 following sexual harassment allegations, which he denies.
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- San Francisco Chronicle
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2 hours ago
How the Vatican manages money and where Pope Leo XIV might find more
VATICAN CITY -- The world's smallest country has a big budget problem. The Vatican doesn't tax its residents or issue bonds. It primarily finances the Catholic Church's central government through donations that have been plunging, ticket sales for the Vatican Museums, as well as income from investments and an underperforming real estate portfolio. The last year the Holy See published a consolidated budget, in 2022, it projected 770 million euros ($878 million), with the bulk paying for embassies around the world and Vatican media operations. In recent years, it hasn't been able to cover costs. That leaves Pope Leo XIV facing challenges to drum up the funds needed to pull his city-state out of the red. Anyone can donate money to the Vatican, but the regular sources come in two main forms. Canon law requires bishops around the world to pay an annual fee, with amounts varying and at bishops' discretion 'according to the resources of their dioceses.' U.S. bishops contributed over one-third of the $22 million (19.3 million euros) collected annually under the provision from 2021-2023, according to Vatican data. The other main source of annual donations is more well-known to ordinary Catholics: Peter's Pence, a special collection usually taken on the last Sunday of June. From 2021-2023, individual Catholics in the U.S. gave an average $27 million (23.7 million euros) to Peter's Pence, more than half the global total. American generosity hasn't prevented overall Peter's Pence contributions from cratering. After hitting a high of $101 million (88.6 million euros) in 2006, contributions hovered around $75 million (66.8 million euros) during the 2010's then tanked to $47 million (41.2 million euros) during the first year of the COVID-19 pandemic, when many churches were closed. Donations remained low in the following years, amid revelations of the Vatican's bungled investment in a London property, a former Harrod's warehouse that it hoped to develop into luxury apartments. The scandal and ensuing trial confirmed that the vast majority of Peter's Pence contributions had funded the Holy See's budgetary shortfalls, not papal charity initiatives as many parishioners had been led to believe. Peter's Pence donations rose slightly in 2023 and Vatican officials expect more growth going forward, in part because there has traditionally been a bump immediately after papal elections. The Vatican bank and the city state's governorate, which controls the museums, also make annual contributions to the pope. As recently as a decade ago, the bank gave the pope around 55 million euros ($62.7 million) a year to help with the budget. But the amounts have dwindled; the bank gave nothing specifically to the pope in 2023, despite registering a net profit of 30 million euros ($34.2 million), according to its financial statements. The governorate's giving has likewise dropped off. Some Vatican officials ask how the Holy See can credibly ask donors to be more generous when its own institutions are holding back. Leo will need to attract donations from outside the U.S., no small task given the different culture of philanthropy, said the Rev. Robert Gahl, director of the Church Management Program at Catholic University of America's business school. He noted that in Europe there is much less of a tradition (and tax advantage) of individual philanthropy, with corporations and government entities doing most of the donating or allocating designated tax dollars. Even more important is leaving behind the 'mendicant mentality' of fundraising to address a particular problem, and instead encouraging Catholics to invest in the church as a project, he said. Speaking right after Leo's installation ceremony in St. Peter's Square, which drew around 200,000 people, Gahl asked: 'Don't you think there were a lot of people there that would have loved to contribute to that and to the pontificate?' In the U.S., donation baskets are passed around at every Sunday Mass. Not so at the Vatican. The Vatican has 4,249 properties in Italy and 1,200 more in London, Paris, Geneva and Lausanne, Switzerland. Only about one-fifth are rented at fair market value, according to the annual report from the APSA patrimony office, which manages them. Some 70% generate no income because they house Vatican or other church offices; the remaining 10% are rented at reduced rents to Vatican employees. In 2023, these properties only generated 35 million euros ($39.9 million) in profit. Financial analysts have long identified such undervalued real estate as a source of potential revenue. But Ward Fitzgerald, the president of the U.S.-based Papal Foundation, which finances papal charities, said the Vatican should also be willing to sell properties, especially those too expensive to maintain. Many bishops are wrestling with similar downsizing questions as the number of church-going Catholics in parts of the U.S. and Europe shrinks and once-full churches stand empty. Toward that end, the Vatican recently sold the property housing its embassy in Tokyo's high-end Sanbancho neighborhood, near the Imperial Palace, to a developer building a 13-story apartment complex, according to the Kensetsu News trade journal. Yet there has long been institutional reluctance to part with even money-losing properties. Witness the Vatican announcement in 2021 that the cash-strapped Fatebenefratelli Catholic hospital in Rome, run by a religious order, would not be sold. Pope Francis simultaneously created a Vatican fundraising foundation to keep it and other Catholic hospitals afloat. 'They have to come to grips with the fact that they own so much real estate that is not serving the mission of the church,' said Fitzgerald, who built a career in real estate private equity. ___
