$200,000 - Settlement - Wrongful Death - Negligence and statutory violations that resulted in conscious pain and suffering and wrongful death

Case: Grimaldi v. Bethel Nursing & Rehabilitation Center
Venue: Supreme Court/Westchester County
Date: 05-19-2003

PLAINTFF (S)
Attorney: Robert A. Hyman and Jason J. Platt of Robert A. Hyman, P.C.; Pleasantville, NY

The decedent at the time of death was 91 years of age, having been born on July 13, 1911. She became the victim of a horrible lack of care for her diabetes, died as a result and the negligent care was extensively covered in local newspapers in Westchester.

The negligence and statutory violations (Public Health Law §2801(d)) that resulted in the claims for conscious pain and suffering and wrongful death, began on the date of death, July 27, 2002 when the staff, nurses, nursing supervisors, director and medical doctors totally neglected the deceased. Josephine Grimaldi was 91 years of age. She had diabetes which required regular monitoring, Alzeimer's Disease, and cardiac issues. The deceased was found at 5:45 a.m. (early in the morning) with a very low blood sugar of 27 mg/dl (normal is 80-120). The nurse gave sugar and orange juice and 45 minutes later the blood sugar was at 44. The nurse from overnight noted that she had been "unresponsive", and her responsiveness had returned when the blood sugar went up. The nurse supposedly notified a supervisor and called a doctor.

The day nurse supposedly called the doctor at 8 a.m. and again at 1:30 p.m. and never got a call back. Not much breakfast was eaten, and the day nurse failed to check the blood sugar, yet the day nurse injected the victim with 18U of Novolin Insulin 70/30 at 8 a.m. This was a dangerous and significant medication error. This lowered the blood sugar even more and the day nurse noted at 11 a.m. that the patient was "unresponsive" again. It is unknown whether anything was eaten for lunch.

At 1:30 p.m. the blood sugar was checked and was below 20. At no time above did any of the nurses call "911", nor did they call anyone to transport the patient to the hospital which was only 10 minutes away by car. They completely mishandled the patient and neglected her. The day nurse injected glucagon to raise the blood sugar, without an order for the medicine. While the medicine was needed, the nurse never even sought a discussion with a doctor and there were no orders for glucagon in the chart. This was illegal. The patient did improve and the blood sugar rose up to 67 (normal is 80-120). Still no doctor or supervisor interceded and still no calls to get the patient to the hospital were made.

The evening nurse then took over the care. He did not call the doctor. He checked the blood sugar at 4:30 p.m. and it was 61. He gave sugar and orange juice. At 5:30 p.m. he checked the blood sugar and it had only gone from 61 to 63, but the nurse thought the level was normal (normal was 80-120) and rising. The evening nurse thought 60-120 was normal and he was concerned that it rose from 61 to 63. Unbelievably the nurse gave 12 U of Novolin Insulin. The nurse reported that the patient had very little supper and very little caloric intake that evening. Giving her the insulin was a significant medication error. At 10:15 p.m., after being neglected, a certified nursing assistant found the victim "unresponsive" and the nurse was called, who then called the supervisor, too late, and she was declared dead. They had done nothing as her blood sugar lowered to critical levels.

The Department of Health investigated and found that the nursing home violated the law in that it "failed to provide the necessary care and services to maintain the highest practicable physical well being in accordance with the comprehensive assessment and plan of care for the diabetic patient". Further, "the facility failed to ensure that residents are free of significant medication errors". These occurrences and findings were documented in the Department of Health survey.

After negotiations with the insurance carrier for the nursing home broke down, a lawsuit against Bethel Nursing and Rehabilitation Center for the conscious pain and suffering and wrongful death of the decedent was filed in the Supreme Court, Westchester County. Plaintiff alleged negligence and a violation of PHL §2801(d). The negligent nurses were hired as "temps" by Bethel from a nurse staffing company. We sued only the nursing home.

The defendant's insurance carrier offered a settlement of $200,000.00. One of the wrong doing nurses had his own liability insurance and Bethel is to pay $150,000.00 through its insurance company - HUM, Medical Liability Mutual Ins. Co., and another $50,000.00, for nurse George Fitzgerald, will be paid through his carrier, American Casualty Co. of Reading PA, CNA Health Pro.

As published in the New York Jury Verdict Reporter