Trial News
Verdicts & Settlements: Professional Negligence
Failure to prevent patient’s fall
September 5, 2019James Romano, 84, suffered from dementia and Parkinson’s disease and was admitted to the Clove Lakes Health Care and Rehabilitation Center after injuring his spine in a fall. One day, he fell out of his wheelchair, sustaining a fractured left femur that necessitated surgery. He suffered from residual pain and required full-time use of his wheelchair until his death approximately three years later.
Romano’s wife, as his attorney in fact, sued the facility, alleging it failed to adequately supervise Romano and prevent his fall. The plaintiff claimed that the defendant’s staff had known that Romano was susceptible to falls yet failed to properly safeguard him. Suit also alleged inadequate staffing.
The jury awarded $6 million.
Citation: Romano v. Clove Lakes Health Care & Rehab. Ctr., No. 101771/13 (N.Y. Sup. Ct. Richmond Cnty. Apr. 17, 2019).
Plaintiff counsel: Jason Herbert, New York City.
Plaintiff experts: Joseph Giovinazzo, orthopedic surgery, Staten Island, N.Y.; and Terrance Baker, geriatrics, Baltimore.
Defense expert: Diane Yastrub, nursing practice, Massapequa, N.Y.
