In an action for negligence against Gallardo Levin Reiter & Rogers‘ client, a home health care agency, it was alleged that the home care agency did not provide proper care of the plaintiff-decedent during her post-operative recovery from colon resection surgery with colostomy. The plaintiff-decedent’s post operative recovery was complicated by stoma complications and wound infection and the plaintiff-decedent died as a result of sepsis secondary to infection. Gallardo Levin Reiter & Rogers moved for summary judgment supported by the affidavits of a colorectal surgeon and a wound care nurse who demonstrated that the home health care agency properly monitored the plaintiff-decedent; and that the plaintiff-decedent’s post-operative complications and death were known and recognized risks to the original surgery and were not the result of any act or inaction on the part of the home health agency during their post-operative monitoring. The complaint was dismissed as against the home health care agency. The case was handled by Partner Michele Levin.
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