News Brief

Fisher Secures Defense Verdict in Nursing Facility Wrongful Death Case

March 17, 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 two-week jury trial in Supreme Court, New York County, New York. Other defendants were dismissed before trial. At trial, plaintiff claimed that the decedent, an 89-year-old female, sustained a debilitating stroke and after a brief hospitalization, the decedent was transferred to our client facility for subacute care for seven weeks, the family then took her home where home care was set up by a settled co-defendant. The patient later was rushed to the hospital with multiple wounds, and thereafter returned to our client facility. Plaintiff claimed that she developed 12 pressure ulcers at the facility, which worsened at home to Stage 3 and Stage 4, with six months’ pain and suffering. After plaintiff rested, wrongful death and punitive damages were dismissed, but NY Public Health Law statutory violations still were claimed. During trial, plaintiff argued that all of the facility’s records were unreliable because the certified nursing assistant records were inconsistent and incomplete. Gillian was able to get a settled co-defendant on the jury verdict sheet based on opinion testimony of plaintiff’s expert. After a demand at summation for $1.3 million, the jury came back with a unanimous verdict of no departures in less than 40 minutes.

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