GLRR represented a nursing home in an action alleging negligence, medical malpractice, violation of resident rights under Public Health Law 2801d, wrongful death, and punitive damages arising out of the decedent’s residency at the nursing home between June 4, 2019 through May 15, 2020. The plaintiff alleged that the decedent developed pressure wounds to his left heel, left buttock and sacrum due to inadequate care. GLRR moved for summary judgment and established that the left above-the-knee amputation due to progression of the left heel pressure wound was attributable to the decedent’s underlying peripheral vascular disease rather than any alleged departure; the left buttock wound resolved with appropriate treatment; the sacral pressure wound, although it progressed to stage 4 and required hospitalization and debridement due to infection, was clinically unavoidable; and that the decedent’s death was due to an acute gastrointestinal bleed unrelated to any alleged act or inaction on the part of the nursing home. In opposition, the plaintiff submitted an expert affidavit, which GLRR successfully argued was speculative and conclusory because it failed to establish a causal nexus between any alleged departures and the claimed injuries. The Court granted summary judgment dismissing the Complaint in its entirety. In doing so, the Court held that the nursing home was entitled to EDTPA immunity for a portion of the decedent’s residency from March 7, 2020 to May 15, 2020 and further found that the nursing home complied with the applicable standards of care and exercised all care reasonably necessary to prevent and limit injury to the decedent. This case was handled by Partner, Michele R. Levin and Of Counsel, Richard Fedrow.
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