Publications

Cristiano and DeBraccio Secure Summary Judgment Dismissal in Westchester County Nursing Facility Case

Robert J. Cristiano (Of Counsel-White Plains, NY) and Steven V. DeBraccio (Of Counsel-Albany, NY) secured dismissal in the Supreme Court of the State of New York, Westchester County, on behalf of Wilson Elser’s skilled nursing facility client. An 89-year-old resident allegedly suffered multiple falls resulting in a left femoral intertrochanteric fracture, conscious pain and suffering, altered mental status, significant emotional pain and suffering, weakness, lethargy, and mobility impairment. The plaintiff asserted claims for continuous negligence, gross negligence, New York Public Health Law violations, medical malpractice, and lack of informed consent, including allegations that the facility failed to prevent the decedent’s falls, failed to implement an individualized care plan addressing his high fall-risk status, failed to follow its policies and protocols, and failed to properly train, supervise, and oversee personnel. Although a fact-specific case, Robert and Steven’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and support from our geriatric expert, who established that our client properly monitored and treated the decedent, did not deviate from the standard of care, did all that was reasonably necessary to prevent the deprivation or limitation of a right afforded under the New York Public Health Law, obtained proper informed consent, and that the falls were clinically unavoidable. The plaintiff’s counsel was unable to raise triable issues of fact as to causation based on the record developed by Wilson Elser, and the Westchester Court dismissed the case with prejudice.

Robert J. Cristiano and Steven V. DeBraccio

McCrink and Cristiano Secure Dismissal for Skilled Nursing Facility in Wrongful Death Action

Katherine L. McCrink (Partner-White Plains, NY) and Robert J. Cristiano (Of Counsel-White Plains, NY) prevailed on their motion for summary judgment in the Supreme Court of the State of New York, Bronx County, on behalf of Wilson Elser’s client, a skilled nursing facility. In this medical malpractice, statutory violation, and wrongful death action, an 88-year-old resident allegedly suffered pressure ulcers to the sacrum, bilateral buttocks, bilateral hips, and great toe, leading to osteomyelitis and death. The plaintiff alleged continuous New York Public Health Law violations, medical malpractice, negligence, and gross negligence, including a failure to properly assess and reassess the decedent, provide appropriate care plans, provide proper care and treatment, turn and position the decedent, and provide the decedent with proper nutrition, hygiene, and hydration. Although a fact-specific case, Kate and Robert’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and the support of our geriatric expert, who established that our client properly monitored and treated the decedent, took all reasonably necessary measures to prevent the deprivation or limitation of a right afforded under the New York Public Health Law, and that the pressure ulcers were clinically unavoidable. Despite graphic wound photos and gaps in the turning and positioning records, plaintiff’s counsel was unable to raise triable issues of fact as to causation from the record Kate and Robert developed. Accordingly, the Bronx Court dismissed the case with prejudice.

Katherine L. McCrink and Robert J. Cristiano

Cristiano and DeBraccio Secure Summary Judgment in Brooklyn for Skilled Nursing Facility

Robert J. Cristiano (Of-Counsel-Long Island, NY) and Steven V. DeBraccio (Of Counsel-White Plains, NY) obtained summary judgment in the Kings County Supreme Court, Brooklyn, New York, on behalf of Wilson Elser’s client, a skilled nursing facility. The plaintiff brought negligence, gross negligence, negligent hiring, vicarious liability, Public Health Law, and wrongful death claims, alleging that the 67-year-old plaintiff-decedent suffered pressure ulcers, endocarditis, sepsis, malnutrition, dehydration, and a fall resulting in a traumatic brain injury due to our client’s failure to provide appropriate turning and positioning, skin care, hydration, nutrition, infection prevention, wound care, monitoring of preexisting conditions, and failing to prevent the plaintiff’s fall.

Although a fact-specific nursing and medical care case, Robert and Steven’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and Wilson Elser’s geriatric expert, who established that our client properly monitored and treated the decedent, was not negligent, satisfied its obligations under the Public Health Law, and that the decedent’s pressure ulcers were pre-existing and did not worsen at the client’s facility. Despite the severity of the injuries, the plaintiff was unable to raise any triable issues of fact as to liability or causation from the established record, and the court dismissed the action with prejudice.
 

Robert J. Cristiano and Steven V. DeBraccio

McCrink and Cristiano Score Summary Judgment in MedMal Negligence Case

Kate McCrink (Partner-White Plains, NY) and Robert J. Cristiano (Of-Counsel-Long Island) represented a physical therapist in a negligence action in which an 82-year-old allegedly suffered Stage IV pressure ulcers to the right heel and leg because of the client’s alleged misuse and mismanagement of the patient’s AFO brace and failure to check the patient’s skin. Although a fact-specific case, Kate and Robert’s summary judgment motion was supported by targeted deposition testimony elicited from the resident’s family, and support from our geriatric and physical therapy experts who established that our client properly monitored the patient’s skin and appropriately applied and managed the use of the AFO brace. Plaintiff’s counsel was unable to raise a genuine issue of fact from the record they created, and the court dismissed the case with prejudice.

Katherine L. McCrink and Robert J. Cristiano

Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.

These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.

These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site