Long-Term Care Liability

Missy Minehan (Harrisburg, PA), with assistance from paralegal Angela Lentz, obtained a defense award on behalf of a skilled nursing facility client in a hotly contested “wound” case after a two-day arbitration. The 93-year-old plaintiff had been a resident at a skilled nursing facility for over three years without having suffered any pressure injuries, despite a plethora of risk factors. She was transferred emergently to an acute care hospital and was diagnosed with a myocardial infarction and cardiogenic shock. The hospital administered vasopressor, a life-saving medication that can increase the risk of pressure injuries, and recommended that she consult with Palliative Medicine, which the family declined. Within several weeks of her return to the assisted living facility, she was found to have a Stage III left wound and a Stage II wound, which were treated and resolved within four and five months, respectively. The plaintiff did not suffer any additional pressure injuries until she was re-admitted to the acute care hospital in January 2025. 

Rob Aldrich (Scranton, PA) obtained a defense verdict on behalf of an anesthesiologist after a medical malpractice jury trial in Lehigh County. The plaintiff, who underwent an elective right-shoulder surgery, alleged that the anesthesiologist and the CRNA who performed his laryngoscopy intubated him too soon, and under suboptimal paralytic conditions, leading to permanent throat damage. After a five-day trial, the jury returned a defense verdict within 15 minutes.

Joe Hoynoski (King of Prussia, PA) received a defense verdict at the Montgomery County Arbitration Center where the three-attorney panel found in favor of our clients, a pediatric primary care office and a pediatric nurse. We represented the pediatric practice and the nurse against claims from the plaintiff who claimed her median nerve was injured by a venipuncture procedure performed by the nurse. The case was originally filed in the Court of Common Pleas; however, after discovery revealed a weak damages claim—we found many TikTok videos helpful to our defense—it was dropped to the arbitration level.

Leslie Jenny and Gabriella Wittbrod (Cleveland, OH) were granted summary judgment on behalf of our corporate nursing home clients in a medical negligence case in the Richland County Court of Common Pleas. The judge granted our request, finding that the plaintiff failed to establish liability, causation, or viable claims against individual employees—rendering vicarious liability inapplicable under Ohio law.

Brett Shear (Pittsburgh, PA) received a defense verdict for his client, a general surgeon, in a case where the plaintiff had been suffering from bilateral carpal tunnel and came to our client who performed carpal tunnel surgery on his left hand. Following surgery, the plaintiff continued to complain of tingling, numbness and weakness in his hand. He went on to have two additional surgeries, performed by two different surgeons. During the third surgery, the surgeon found a median nerve injury. The plaintiff claimed that this nerve injury was caused by the defendant cutting the median nerve during his initial operation and that the injury resulted in permanent dysfunction such that he would no longer be able to work or use his hand normally. At trial, the defendant demonstrated how he performs carpal tunnel surgery and protects the median nerve, making it nearly impossible to cut or injure the nerve. We contended that the median nerve injury must have happened later, likely during the second surgery. The jury rendered a defense verdict in favor of our client.
 
Adam Fulginiti (Philadelphia, PA) received a defense verdict in a nursing home malpractice matter involving the development and progression of pressure injuries that the decedent experienced during her admission. As a result of these injuries, the plaintiff claimed damages, including but not limited to pain, suffering and death. Adam cited the resident’s significant comorbidities, non-compliance with pressure reduction measures and nutritional support, and documentation of the wound consultant, and overcame potential liabilities including several wounds that developed in-house and documentation deficiencies.

Gary Samms (King of Prussia, PA/Philadelphia, PA) obtained a defense verdict in a complicated urosepsis case where the damages included neurological sequelae and cognitive deficits. The trial was marked by aggressive cross examination of experts and comprehensive neurological records and literature. Instrumental in the successful result were Raymond Petruccelli (King of Prussia, PA), Michael Mongiello (Harrisburg, PA) and Angela Lentz (Harrisburg, PA).

Lynne Nahmani and David Drake (Mount Laurel, NJ) successfully defended an anesthesiologist after a two-week trial which included testimony of five medical experts and three treating doctors. The plaintiffs claimed the doctor's regional nerve block, executed in advance of an orthopedic Achilles rupture repair, was performed negligently causing permanent nerve damage. Damages were sought for pain impacting marital relations and all aspects of the plaintiff's life. Under Lynne's cross examination, the plaintiff's standard of care expert flipped his opinion. Despite excellent conditions for a directed verdict, the court declined to rule, ultimately resulting in a unanimous jury verdict for the defense.

Suzanne Utke and Benjamin Matzke (Philadelphia, PA) received a defense verdict in a five-day jury trial in Philadelphia County involving multiple defendants. We defended the medical malpractice claim alleging a violation of HIPAA privacy and an intrusion upon plaintiff's seclusion resulting in his eviction and severe emotional distress. The plaintiff claimed an anonymous email he sent to our client, a social worker, purporting to seek mental health therapy was a "mental health record" and subject to HIPAA privacy laws. When it was discovered that the email was from the same individual stalking and harassing the client's sister who worked at the apartment complex where he lived, our client provided the email to her sister, who then gave it to her employer to support legal action against the plaintiff. The email was used in an eviction proceeding, and the plaintiff claimed that the disclosure of the email violated his privacy rights under HIPAA and that he suffered humiliation and severe emotional distress as a result. The claim involved counts for medical and legal professional negligence, negligence per se, intrusion upon seclusion, conspiracy to commit an intrusion upon seclusion, intentional and negligent infliction of emotional distress, and a plea for punitive damages. The initial demand of $5 million was reduced to $125,000 before trial. No offer was made, and a unanimous defense verdict was rendered in less than three hours.
 

*Prior Results Do Not Guarantee a Similar Outcome 

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