Sophisticated Defense Strategies For New York Trial And Appellate Matters
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...
secured a pre-answer dismissal of a nursing home negligence, violation of resident rights, and wrongful death complaint in favor of a residential health care facility. The plaintiff alleged negligence with respect to fall prevention, poor infection control, and lack of COVID 19 preparation which led to the plaintiff’s fall, contraction of COVID 19, and death from complications. argued that the…
After nearly 10 years of litigation, secured another summary judgment victory in a case involving an award-winning Skilled Nursing and Rehabilitation Facility located in Suffolk County, New York. The Court found that established through its expert Affirmation that the decedent’s pressure injuries were either pre-existing or unavoidable despite reasonable care provided by the staff. The Court also agreed with that…
Partner secured the dismissal of a wrongful death claim against an assisted living facility alleging that a resident of the facility died of complications from COVID-19 contracted during the admission. argued that the facility was entitled to immunity under New York’s Emergency Disaster Treatment Protection Act, which was intended to insulate health care facilities from civil or criminal liability for…
succeeded in overcoming recent plaintiff-oriented case law which extended the duty in malpractice actions to third-party non-patients, and secured summary judgment in favor of its client, a home health care agency. In the Kings County (Brooklyn) action, the plaintiff alleged that she was injured when a home care attendant failed to properly bring plaintiff’s wheelchair-bound mother down stairs, causing the…
obtained a protective order on behalf of its client, a residential health care facility, in response to plaintiff’s motion seeking to compel production of incident reports, employee statements, and other investigative materials that were generated during a quality assurance review process. cross moved for a protective order on the ground that these materials are privileged pursuant to New York Education…
obtained summary judgment for a nursing and rehabilitation center. In an action for negligence and violations of the New York Public Health Law it was alleged that ‘ client, a nursing and rehabilitation center, was negligent during a physical therapy session when the plaintiff, who had just undergone hip replacement surgery, allegedly fell and sustained a fracture. Plaintiff had testified…
In an action commenced in the Unites States District Court for the Eastern District of New York, plaintiffs brought a suit seeking monetary damages and injunctive relief with respect to the residency of their father in the defendant assisted living facility. It was alleged that the co-defendant, the resident’s brother, was forcing him to reside in the facility against his…
In an action for negligence against ‘ 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…
In an action for negligence and violations of the New York Public Health Law, it was alleged that ‘ client, an adult home, violated the New York Public Health Law with respect to a resident who fell and sustained a hip fracture which required surgical repair. moved for summary judgment with respect to the Public Health Law cause of action…