In an action for negligence against Gallardo Levin Reiter & Rogers‘ clients, a home care nurse and home health care agency, it was alleged that the home care nurse did not properly manage a stage 4 pressure ulcer and did not recognize the significance of plaintiff-decedent’s signs and symptoms of a seizure and stroke. Shortly after the home care nurse’s visit, the 57-year-old plaintiff-decedent suffered a hypoxic brain injury secondary to seizures and died after a complicated medical course. Gallardo Levin Reiter & Rogers moved for summary judgment supported by the affidavits of a wound care nurse and a neurologist. The Court found that the wound care nurse demonstrated that the home care nurse properly evaluated the pressure ulcer, made appropriate treatment recommendations, and that the ulcer did not get infected during home health care agency’s care. The Court also found that the neurologist demonstrated that the plaintiff-decedent was not demonstrating any signs or symptoms of a seizure during the home care nurse’s visit and that he suffered a sudden and acute neurological event after the home care nurse’s visit. The Court granted summary judgment dismissal even though the plaintiff submitted an expert affidavit from a physician, finding that the plaintiff’s expert affidavit was insufficient to defeat the expert affidavits submitted by Gallardo Levin Reiter & Rogers. The case was handled by Partner Michele R. Levin and Associate Alex DiGiovanna.
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