Mamie Stathatos-Fulgieri, Adonaid Medina, Kayla Nieves and Alexandra Zerrillo prevailed on a motion for summary judgment on behalf of a Manhattan nursing home, dismissing the Complaint in its entirety. The matter centered upon the plaintiff’s allegations of violations of New York Public Health Law, negligence, gross negligence, and wrongful death against the nursing home defendant based upon an alleged failure to prevent the development of pressure ulcers. The plaintiff further alleged that the pressure ulcers resulted in the resident’s death.

The Court granted summary judgment in its entirety finding that the development of the pressure ulcers and the resident’s death were unavoidable and due to the patient’s inevitable clinical deterioration secondary to her preexisting medical conditions. The Court noted that the plaintiff’s expert opinion failed to raise a question of fact as to causation and did not address the overall picture of the resident’s health and comorbidities.