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October 2019: Motion for Summary Judgment in Case involving Home Health Aides

October 15, 2019

Senior Partner Jeffrey A. Shor assisted by Associates Michael F. Bastone and Brian S. Kim obtained a motion for summary judgment in a home health services case. In this case, MCB represented a company that provides home health aides to residents of an assisted living facility. On the day in question, the scheduled aide called in sick. While the company sought to find a replacement, the plaintiff was discovered unresponsive in his shower. Plaintiff alleged that the company failed to notify the family of the missing aide and failed to check on the resident in his home. It was claimed that the resident suffered a traumatic brain injury and irreversible cognitive decline requiring increased care for the remainder of his life. We moved for summary judgment on the basis of causation, arguing that there was no evidence of a traumatic brain injury at the time of the incident and that the patient’s cognitive decline was separately explained by his pre-existing neurological disorders and a subsequent onset of normal pressure hydrocephalus. The Court granted our motion, holding the plaintiff’s expert failed to respond to our expert’s opinions and failed to address the contrary facts in the medical records. This case was venued in Westchester County.

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