Professional Negligence Law Reporter

Clark v. DeWitt Rehab. & Nursing Ctr., No. 0107154/2009 (N.Y. Sup. Ct. New York Cnty. Apr. 8, 2019).

Natalie Clark, 82, had a history of mental health issues. She was admitted to a nursing home, where she resided for approximately one year. During that time, staff administered a cocktail of antipsychotic medications to Clark, including Haldol, Seroquel, and Prolixin. Clark developed neurological symptoms and painful contractures, which led to her hospitalization. She later died after contracting pneumonia. Clark is survived by her adult son.

Clark’s estate sued the owner and operator of the home, DeWitt Rehabilitation & Nursing Center, alleging that the home was understaffed and violated N.Y. Pub. Health Law §2801‑d. The plaintiff asserted that the defendant’s staff had improperly administered the antipsychotic medications to chemically restrain Clark.

The jury awarded $250,000.

Plaintiff counsel: Jennie Shatynski and Benedict Morelli, both of New York City.
Defense experts: Sheree Starrett, internal medicine, East Orange, N.J.; Richard Blum, pharmacology, Glen Cove, N.Y.; and Barbara Messina, nursing, Stony Brook, N.Y.