Joshua Cohen and the COVID-19 Team won a motion for Summary Judgment dismissing a case with prejudice for a Gastroenterologist based on EDTPA immunity.  The plaintiff had a history of gastroesophageal reflux disease, dyspepsia and constipation. Shortly after the COVID-19 Emergency Declaration, the plaintiff was seen in the physician’s office complaining of constipation and had been diagnoses with redundant bowel which can lead to perforation.  The plaintiff’s constipation medication was renewed.  Thereafter, the physician’s office closed due to COVID-19. There were three phone calls with the physician and during one the physician claimed to tell the plaintiff to go to an emergency room.  The plaintiff denied she was told that.  The day of the last phone call the plaintiff was rushed to a hospital with a perforated bowel. The Court found that the care at issue was during the Emergency Declaration and was impacted by COVID-19.  Dismissal granted.