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Fisher Obtains Defense Verdict in Nursing Home Wrongful Death Case

March 6, 2020
Gillian Fisher (Of Counsel-New Jersey) obtained a defense verdict on behalf of a nursing home in a medical malpractice/wrongful death case after a four-week jury trial in Supreme Court, Richmond County, New York. The plaintiff claimed that the decedent, a 78-year-old male, developed gangrene after improper care at a nursing facility and that there was a delay in transfer to a hospital. After four surgeries, septic shock and a myocardial infarction, the patient was discharged with a catheter and colostomy bag he had for his remaining seven months of life. The plaintiff called a nursing expert to comment on departures alone, and as infectious disease expert to comment on proximate cause. On the second day of the infectious disease expert’s testimony, Gillian elicited that he had spoken with plaintiff’s attorney between the two days of testimony. All punitive claims and the wrongful death claim were dismissed during trial. A doctor at the nursing home also was sued and had separate counsel at trial, but the nursing home was first named and was vicariously liable for the doctor. The jury came back with a unanimous verdict of no departures in less than two hours of deliberation for both the nursing home and the doctor.

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