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Judge tosses NY nurses’ suit over inadequate PPE supplies

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A federal judge has tossed out a New York nurse association’s lawsuit seeking protective equipment as they help fight the coronavirus.

The New York State Nurses Association had sued the state Health Department and two hospitals over a lack of PPE protection, but on Friday a U.S. District Court judge dismissed the case, explaining that the parties were in a better position to settle the matter among themselves.

The hospitals sued by the nurses are Montefiore Medical Center and the parent company of Westchester Medical Center.

“Both sides presumably share the ultimate goal of maximizing protections for healthcare workers on the front lines of the battle against a vicious disease without compromising patient care,” said Manhattan U.S. District Judge Jesse Fruman.

“The parties are plainly in a better position than either the Court or an arbitrator to find the best ways to achieve that goal despite limited resources and ever-changing circumstances,” Fruman said.

The judge did ask the health department and the two hospitals to address the nurses’ concerns quickly — and said that if the two sides fail to reach an agreement, a court proceeding could be expedited.

With Post Wire services

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