Recently in New York Nursing Home Verdicts & Settlements Category

December 22, 2010

Settlement Approved in Brighton, New York Fall Case

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.

gertrude kash.jpgShortly 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

August 27, 2010

New York Nursing Home Found Liable For Falls And Fractured Hip By NYC Jury

A New York (NYC) jury recently returned a verdict in favor of a 51 year-old nursing home resident at Manhattan's Terence Cardinal Cooke Health Care Center. The jury found the New York nursing home facility liable for a fall at the facility that resulted in a fractured hip and open reduction internal fixation surgery.

The suit was filed on behalf of John O'Dea who died in March 2007, approximately nine months after the fall that resulted in his hip fracture. A wrongful death claim was dismissed before the case reached the jury. O'Dea's widow claimed that the New York nursing home never revised her husband's care plan despite his having fallen five times prior to the fall that caused the fracture. Counsel for the nursing home claimed that all necessary preventative measures were put in place. The jury agreed with the plaintiff and awarded damages totalling $275,000. However, prior to the trial the parties agreed to a high/low agreement of $140,000/$75,000. Accordingly, the plaintiffs will receive $140,000.

January 7, 2010

NYC Nursing Home Abuse Lawyer Report: $19 Million Verdict After Brooklyn Nursing Home Allows 20 Bedsores to Develop And Falsifies Records

A Kings (Brooklyn) County jury recently returned a $19 million verdict in favor of the family of 76 year-old nursing home resident, John Danzy, who developed more than 20 bedsores (pressure sores/decubiti) at Brooklyn-Queens Nursing Home. The award included $3.75 million for pain and suffering and $15 million in punitive damages. Mr. Danzy died from sepsis the source of which was the infected bedsores.

At trial, it became apparent that staff members at Brooklyn-Queens Nursing Home had falsified records in Mr. Danzy's medical chart in attempt to cover-up the neglect. In addition, the nursing home staff reportedly failed to turn and position Mr. Danzy at appropriate intervals (the standard is that those "at risk" to develop bedsores should be turned and positioned at least every 2 hours).

The jury deliberated for two days after the four week trial before returning the verdict. The verdict is reportedly the first in New York to assess punitive damages against a nursing home.

Website Resources:

Senior-home hell, NY Post, Alex Ginsberg, December 28, 2009.

November 9, 2009

Bedsore Lawsuit Against Orange County (NY) Nursing Home Settles For $525,000

The family of an 87 year-old Orange County, NY nursing home resident recently settled a case involving allegations of dehydration, malnutrition and the development of multiple bedsores (pressure sores, decubitis ulcers) for $525,000. The plaintiff was reportedly admitted to St. Teresa's Nursing Home in Middletown, NY with a history of dementia, heart failure and hypothyroidism.

The Estate claimed that the nursing home failed to provide the decedent with appropriate hydration and nutrition over a three month period, which resulted in the development of three Stage IV bedsores (pressure sore, decubitis ulcers). The bedsores became infected and the plaintiff died from sepsis. A lawsuit was filed claiming gross negligence, medical malpractice, and violations of the New York State Public Health Law Section 2801-d.

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