The first matter, venued in Bronx County, involved allegations against our client, a homecare agency who provided care to the plaintiff who developed a sacral wound after he was discharged from surgery. While the wound did not heal under our care, Christina was able to successfully argue that all appropriate care had been rendered and that the wound was clinically unavoidable due to the plaintiff’s pre-existing medical conditions. The Court further agreed with Christina’s argument that plaintiff’s experts were not qualified to opine in this matter.
The second case, venued in Kings County, involved a decedent who was admitted to a nursing home facility with a rather complicated medical history and terminal pre-existing conditions. Christina and our expert detailed the interventions performed by our client to address the decedent’s conditions. Christina further argued that plaintiff’s expert relied on fabricated standards of care and failed to raise a triable issue of fact. The Court likewise found that there was no basis for punitive damages and wrongful death and dismissed the remaining allegations.
Great work, Christina!