PPD Wins Summary Judgment on Behalf of Nursing HomeBy: Ryan Perry
In a case brought in Bronx County, a decedent’s estate brought negligence and wrongful death claims against Hebrew Hospital Home, Inc. and St. Barnabas Hospital. The plaintiff alleged that as a result of a failure to provide proper care and treatment, the decedent developed a sacral decubitus ulcer that worsened, became infected and contributed to the decedent’s death in 2009. The plaintiff also alleged that Hebrew Hospital Home was in violation of several federal nursing home regulations.
PPD vigorously defended the case on behalf of Hebrew Hospital Home, Inc. and at the close of discovery, moved for summary judgment, arguing in part that the decedent was properly assessed and treated by Hebrew Hospital Home in accordance with the physician’s orders, and that the alleged violations of federal regulations were inapplicable.
In a decision dated October 26, 2015, by Supreme Court Justice Stanley Green, the plaintiff’s complaint against Hebrew Hospital Home, Inc., was dismissed in full. The court noted that Hebrew Hospital Home’s arguments that the doctor’s orders were properly followed was supported by the records and that no competent evidence was presented to the contrary. Furthermore, the court agreed with the contention that the alleged federal violations were inapplicable to the facts of the case as Hebrew Hospital Home, Inc. was providing the decedent services in her home, rather than in a residential health care facility as defined by federal law. PPD Associate Attorney Joe Slater drafted the reply papers on behalf of Hebrew Hospital Home.