Long-Term Care Liability

We received a defense verdict in a contentious long-term care case that included a unique spoliation issue, allegations of cover-up regarding the cause of death and a “no show” plaintiff. A longtime nursing home resident, who was suffering from “end-stage dementia,” died nine days after suffering head trauma following a fall. The plaintiff was the resident’s son who was not his mother’s guardian. The plaintiff contacted a lawyer who delivered the body across Pennsylvania to a forensic pathologist for a private autopsy.

We secured a defense verdict on behalf of an extended care facility in a medical malpractice case. The plaintiff alleged negligence regarding the development and progression of certain wounds that the plaintiff’s decedent developed throughout her treatment at various medical facilities. The evidence presented to the jury support the argument that the decedent’s wounds occurred prior to her arrival at the insured’s facility and that, while at the facility, the wounds were properly treated. The jury returned a verdict in approximately 30 minutes.

• Justin Johnson and Lynne Nahmani (New Jersey) secured a directed verdict in a subacute rehab case. At the close of plaintiff’s case, three motions for directed verdict were made. The court agreed that the plaintiffs had not met their burden on causation with the expert testimony.

We obtained summary judgment in a medical malpractice action, which was covered in The New York Law Journal. The plaintiff, a man severely debilitated by a stroke, alleged that our nursing home client had admitted him with 14 pre-existing pressure sores. Through our expert, the records and our client’s deposition testimony, we established that all of the plaintiff’s pressure sores either stabilized or resolved during his two-month admission. The court found no deviations from the accepted standards of care and dismissed the case.

In the complaint and throughout discovery, the plaintiff raised claims of overarching neglect in addition to a fall that occurred during physical therapy. The plaintiff alleged negligence, corporate negligence, and punitive damages premised upon allegations of understaffing, Department of Health violations and putting profits over patient care. The plaintiff sought to hold not only the nursing home, but also its management company and a holdings company, liable for such claims.