Alexandra Zerillo and Jeffrey Nichols Secure Summary Judgment Win

On December 11, 2023, Alexandra Zerrillo and Jeffrey Nichols secured a summary judgment win on behalf of a Brooklyn venued nursing home client. Plaintiff alleged medical malpractice, negligence, and violations of the Public Health Law against the nursing home defendant based upon an alleged failure to prevent the development and deterioration of numerous pressure ulcers. Plaintiff further alleged that the deterioration resulted in the resident’s death. The Court initially ruled that the defendant successfully established entitlement to summary judgment.  Plaintiff’s counsel submitted opposition papers, supported by an expert affirmation from a board-certified geriatrician.  The Court granted summary judgment on the issue of proximate causation, finding that the development and deterioration of the pressure ulcers and the resident’s death were unavoidable and due to the inevitable clinical deterioration on account of his preexisting conditions. The Court further noted that the plaintiff’s expert opinion on proximate causation was speculative and factually unsupported by the record.