New York Nursing Home Abuse Lawyer Blog

New York Supreme Court trial judge David M. Barry approved a settlement last week for the late Getrude Kash at the Jewish Home in Brighton, NY. The suit alleged negligence, medical malpractice, and violation of the Public Health Law.

Shortly after Gertrude Kash, seen above, was admitted to the Jewish Home, she suffered a succession of falls, the second of which resulted in a fractured vertebrae. A bed alarm, although ordered, had not been placed by the bed. The fracture led to swelling of the spinal cord, ultimately paralyzing Ms. Kash from the chest down. Ms. Kash, who initiated the suit, passes away in March 2009. Her daughter, Laurie Kash, continued the suit after Gertrude's death. In a statement, Laurie said, "By winning the appeal on the Public Health Law claim, she (Gertrude) also has left a positive legacy to help others injured by nursing home neglect to seek justice. I know she would have been very proud of that."

The total amount of the settlement has not been disclosed.

Website Resource:

Jewish Home settles with woman's estate after her paralysis

Messenger Post, Amanda Seef, December 17, 2010

Angela Zakrzewski, a certified nursing aide at Kaleida Health De Graff Memorial Hospital, a New York nursing home, was recently forced to surrender her C.N.A. certificate after being prosecuted by the Medicaid Fraud Control Unit of the NYS Attorney General's Office. Ms. Zakrzewski performed a one-person transfer of a 91 year-old resident with a mechanical lift (hoyer lift) in violation of the care plan that required a two-person assist. During the transfer, the lift tipped over and injured the resident.

In addition to having to surrender her C.N.A. certificate, Ms Zakrzewski must complete 24 hours of community service. She was also sentenced to a one-year conditional discharge.

The above is a fact pattern commonly seen by New York Nursing Home Abuse Lawyers. The failure of nursing home staff members to properly implement a care plan often results in resident falls and/or fractures.

Website Resource:

Long-Term-Care Community Coalition, Enforcements, Winter 2010.

Christine Butzbach, a former nurse's aide at Medford Multicare Center Medford Butzbach, was recently punished for failing to abide by a care plan for transfers. Ms. Butzbach was reportedly seen bringing a resident and a Hoyer Lift into the resident's room and then exiting the room with the Hoyer Lift. The witness told the resident's wife that she believed Ms. Butzbach transferred the resident using the Hoyer Lift without the assistance of another caregiver as required. Investigation revealed that the defendant had done this on other prior occasions as well and that she signed the resident's accountability record for those dates. Ms. Butzbach later admitted to investigators that she had performed the transfer alone.

After prosecution by the Medicaid Fraud Control Unit of the NYS Attorney General's Office, Ms. Butzbach was sentenced to a one-year Conditional Discharge and 280 hours of community service. Special conditions include surrendering her certification, must refrain from being employed in any capacity taking care of any incompetent person and provide 3 month updates in which she must provide evidence that she is gainfully employed or in school or both.

Website Resource:

Long-Term-Care Community Coalition, Enforcements, Winter 2010.