Jury Returns $13.2 Million Verdict In NY Nursing Home Lawsuit
For elderly patients on the mend, the notion of round-the-clock care and supervision offered by nursing homes can be a source of great comfort and relief. However, the outcome of one recent lawsuit against Hudson County’s Harborview Healthcare Center reveals not all nursing care facilities offer the compassionate recovery care patients and their families expect.
After a grueling and emotional trial, a jury awarded surviving family members of 87-year old Mary Dwyer $13.2 million following a wrongful death against the nursing home and its owner, Avery Eisenreich – owner of 14 other facilities in the New York and New Jersey areas. The lawsuit alleged gross negligence and misconduct by nursing staff, as well as inadequate oversight and a lack of proper care by nurses resulting in Ms. Dwyer’s death.
NY nursing home negligence lawsuit
According to the allegations, Ms. Dwyer spent 100 days at the Harborview Healthcare Center facility before succumbing to numerous avoidable health complications. Specifically, plaintiffs allege Ms. Dwyer – who was recovering from a recent shoulder fracture – was turned just ten times during her stay, which spanned 282 nursing shifts. This in turn lead to a “massive bedsore” and further complicated her shoulder injury.
Moreover, the family’s NY elder abuse lawyers summarily explained the wrongful death by stating “[w]ith adequate staffing and a properly run facility she would have completed her rehab and gone back home. Instead, she died an undignified death in pain.”
The lawsuit further alleges a series of unnecessary and seemingly pointless procedures, including a colostomy and re-insertion of her bowels into her abdomen.
Harborview Healthcare Center issued a statement affirming its decision to appeal the verdict, which is classified as a “false, erroneous and gross miscarriage of justice.”
Understanding the basics of a nursing home abuse negligence lawsuit
Sadly, nursing home abuse and negligence is an ongoing problem across the nation, leading many states to enhance their criminal penalties for this unsettling trend. In addition to the harsh criminal sanctions awaiting any facility engaging in sort of misconduct, patients and their families may also be able to file a successful civil action against not only the facility, but its parent corporation, owners and the individual nurses responsible for the harm.
A nursing home negligence lawsuit hinges on the question of whether the nurse or staff member acted reasonably with regard to her treatment of the elderly patient. While reasonableness is a question for the jury to determine, juries almost always find in favor of the injured patient in situations involving physical abuse, neglect, sexual assault, property theft and verbal abuse.
New York elder abuse lawyers
Sanders & Grossman offers unparalleled representation for families reeling from the effects of unthinkable nursing home abuse. We have over 45 years’ experience in trial work and are regarded as one of the preeminent and prestigious negligence law firms in New York.
If you are considering a NY nursing home negligence lawsuit, please give us a call today at 1.800 FAIR PLAY (800.324.7752). Resources
- NJ.com: Jersey City nursing home says it will appeal \’false, erroneous\’ $13.2 million award http://www.nj.com/hudson/index.ssf/2014/05/jury_awards_132m_to_family_of_jersey_city_woman_who_accused_nursing_home_of_negilence.html
- NJ.com: Jury awards $13.2M to family of Jersey City woman who accused nursing home of negligence http://www.nj.com/hudson/index.ssf/2014/05/jersey_city_nursing_home_appealing_132_million_negligence_suit.html
Last modified: 09/18/2018
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