Senior Trial Partner Yuko Ann Nakahara and Partner Kerona K. Samuels successfully obtained Summary Judgment in Supreme Court, Kings County, on behalf of MCB’s client nursing home. MCB moved for Summary Judgment on behalf of our client, a major metropolitan nursing home, accused of medical malpractice and Public Health Law violations in their treatment of a then 78-year-old long term resident who developed pressure ulcers and sustained falls.
Utilizing an Expert Affirmation by a geriatric medicine physician and an Affidavit from the facility's Director of Nursing ,MCB argued that the facility was immune from liability pursuant to the statutory Covid-19 immunities. The supporting evidence established that the response to the Covid-19 pandemic impacted the facility's ability to provide care. Further, MCB’s expert opined the resident's injuries were unavoidable as all the proper interventions and treatments were implemented throughout the resident's admission, including the period of time outside of the Covid-19 immunity period. Plaintiff's attorney opposed the motion with an Expert Affirmation that relied on conclusions that were not supported by the treatment records. The Court held plaintiff’s Expert Affirmation was speculative and conclusory as to proximate cause and plaintiff’s expert failed to address the care provided outside of the period of covered statutory immunity. Plaintiff's Complaint was dismissed with prejudice.