$517,500 - Settlement - Nursing Home Negligence
Care facility failed to address resident's bedsores, estate alleged

Case: ALICE SCHULMAN as Administratrix of the ESTATE OF SOL NOVINS v. Confidential, No. 154/05
Venue:Bronx County Supreme, NY
Judge: Michael Callister
Date: 10-12-2006

PLAINTFF (S)
Attorney: Robert A. Hyman; Law Office of Hyman & Platt, P.C.; Pleasantville, NY, for Estate of Sol Novins
Expert: None

DEFENDANT (S)
Attorney: Confidential

Facts: Mr. Novins, the nursing home resident, was 90 years old and a resident of an assisted living facility for two years when, due to increasing confusion, forgetfulness, incontinence and an unsteady gait, he needed closer supervision for his ADL’s. His daughters interviewed facilities and defendant told the family that he would be a good fit in its nursing home facility.

The resident was admitted on August 31, 2004. After assessment and care plans and evaluations by specialties, he was assessed high risk for falls.  He was still allowed to wander.  He had an unsteady gait and the physical therapist and other specialists’ ordered “close supervision” and then “contact supervision.”  The facility failed to update care plans with the above. He fell. The instructions regarding supervision were not followed.  He fell again. The care plan was not updated and was not followed. The therapist indicated the need for “close”, then “contact” supervision.  The nursing home failed to follow its own specialists’ advice and allowed for the third - a catastrophic - fall. The nursing home failed to use alarms.  The nursing home improperly depended upon him to remember to use a call bell, when they were aware of his dementia.  This all occurred in a few weeks.

Plaintiff had photographs taken of the resident at defendant’s facility on Grandfather’s Day - three weeks before the final incident.  He was seen enjoying the visit with his son-in law and grand son. Plaintiff had photographs of the resident taken at the hospital only one month later, after the surgery to the cervical spine.

The Plaintiff’s attorney did a videotaped inspection of the nursing home.  The resident had traveled an extensive distance very slowly, while passing more than six rooms on each side of the hallway, then passed by the nurse’s station.  The nursing home staff never stopped Mr. Novins. He turned left. Mr. Novins then walked down a second hallway and passed another six rooms on each side of the hall.  The nursing home staff never accompanied Mr. Novins. No one stopped him.  Mr. Novins had a very unsteady gait. He was allowed to wander aimlessly and at will.  Mr. Novins fell in the hallway.  A nurse inside an adjacent room at the end of the second hallway turned around and saw him lying in the hall, when the nurse heard a thud.   

While on the floor, crying in pain, he asked to speak with his daughter. Staff pulled a telephone to him and he cried to and spoke with his daughter while lying on the floor.  He had suffered a grievous fall, traumatically fractured his neck and was transferred to Columbia Presbyterian Medical Center.  Those fractures necessitated a cervical fusion surgery with fixation.  He was fitted with a halo cast.  He was conscious before surgery and regained some consciousness after surgery. He experienced pain and died two weeks later.

The Certificate of Death listed the cause of death as: 

“Complications of fracture of cervical vertebra 2 due to blunt impacts of head and torso”

This was a strong case of  liability against defendant. The floor personnel continually ignored what was going on and ignored the recommendations of in house specialists. Mr. Novins was high risk for falls before he arrived at defendant’s nursing home.  He suffered two falls in the few weeks.  Care plans were not revised. The care plans that existed were not followed. Defendant was negligent, committed medical malpractice by failing to properly assess and carry out care plans and violated PHL§2801-d.  Defendant violated regulations cited below and violated PHL §§ 2801-d and 2803© and Plaintiff would have argued for negligence per se if this litigation continued.  Per diem damages and attorneys fees as well as punitive damages were possible, under the statute.

Verdict Information: The case settled at the Mediation. Subsequent negotiations concerning a confidentiality agreement resulted in the names of the defendants, defendant’s attorney, and defendant’s insurance company being non disclosed.