Larock vs. Albany County Nursing Home Et Al
Case Background
On May 21, 2019, Plaintiff Lori LaRock filed a Nursing home negligence lawsuit in the United States District Court, New York Northern (Case number: 1:19cv604). This case was assigned to District Judge Anne M. Nardacci and referred to Magistrate Judge Daniel J. Stewart
Cause
Albany County Nursing Home admitted Roger Sanford, a 73-year-old Alzheimer’s patient, in August 2017 for specialized elder care and medical supervision. However, the Albany nursing home staff systematically neglected his fundamental healthcare needs, amounting to severe nursing home abuse. Staff members frequently left Sanford unwashed, unfed, and lying in soiled bedding, demonstrating extreme patient neglect. This negligence extended to improper administration of his respiratory treatments, with staff abandoning his nebulizer sessions mid-treatment. Albany County Nursing Home’s negligence caused Sanford to lose 20 pounds within four months, a clear indication of severe elder care violations.
When Sanford’s daughter, Lori LaRock, reported the nursing home neglect to Executive Director Larry Slatky, he responded improperly, threatening to suppress any Department of Health complaints by leveraging his connections. The medical malpractice reached a peak on March 1, 2018, when LaRock found her father in acute respiratory distress. The Albany nursing home’s negligence was further highlighted when nurses Debbie Gossman and Rhonda Lyga failed to provide emergency medical care, forcing LaRock to call for emergency services herself.
Injuries
The Albany nursing home’s negligence culminated in Sanford developing life-threatening aspiration pneumonia. The nursing home’s failure to respond quickly and provide adequate care directly contributed to his death on March 3, 2018, at Albany Medical Center. A subsequent Department of Health investigation revealed multiple violations at Albany County Nursing Home, including the failure to implement basic life support protocols, a deviation from professional care standards, and inadequate management of respiratory care. The nursing home’s failure to perform CPR or initiate emergency protocols, combined with poor medical supervision during Sanford’s decline, amounted to gross negligence.
Damages
This Nursing home negligence lawsuit documented substantial damages arising from nursing home abuse. Sanford endured severe physical suffering and emotional trauma in his final days. The Albany nursing home’s neglect caused him to experience significant psychological distress and pre-death terror. The negligence led to his premature death, resulting in medical expenses for emergency interventions. The elder abuse case also sought compensation for funeral and burial costs arising from his preventable death.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Lori LaRock, as Administratrix of the Estate of Roger A. Sanford
- Counsel for Plaintiff: Ilann Margalit Maazel | Hannah Brudney
- Defendant(s):Albany County Nursing Home | County of Albany | Larry Slatky | Debbie Gossman | Rhonda Lyga
- Counsel for Defendants: Jessica Lynne Darrow| Kevin P. Burke | Monique B. McBride
Key Arguments or Remarks by Counsel
“We are pleased to see Albany County Nursing Home held accountable for its mistreatment of Mr. Sanford. We expect nursing homes to take care of our vulnerable loved ones, not to let them struggle, suffer and die alone,” said attorney Hannah Brudney, who represented LaRock in the case.
Maazel, lead counsel for LaRock, expressed satisfaction with the verdict, saying, “For years, Albany County Nursing Home was a house of horrors. We are gratified that the jury has held them accountable for Mr. Sanford’s suffering and premature death.”
Claims
The nursing home negligence litigation raised multiple causes of action, focusing on Albany County Nursing Home’s systematic failures. The lawsuit alleged violations of constitutional rights under 42 U.S.C. § 1983, citing the nursing home’s deliberate indifference. It further referenced breaches of Federal Nursing Home Reform Amendments, underscoring the Albany facility’s healthcare compliance failures. The case also involved violations of New York’s Nursing Home Bill of Rights, citing infringements on Sanford’s patient rights. Medical negligence claims targeted both Albany County Nursing Home’s institutional failures and individual staff members’ lapses in professional care standards.
Defense
The defendants argued that the plaintiff lacked standing and capacity to pursue this action. They claimed any economic loss under CPLR 4545 was covered by collateral sources and limited their liability to fifty percent of the total liability of all responsible parties. They contended they exercised all reasonable care to prevent the alleged deprivations and injuries and denied any violation of Public Health Law Section 2801-d.
The defendants maintained that punitive damages were unwarranted, arguing that such damages would infringe their constitutional rights under both the U.S. and New York State Constitutions. They asserted they acted with probable cause, good faith, and without malice, stating that any injuries, damages, or death were due to unforeseeable, independent events beyond their control. They further claimed qualified immunity and invoked all available defenses under Public Health Law Section 2801-d, maintaining their compliance with informed consent requirements. Lastly, the defendants argued they exercised all reasonable care to prevent and limit deprivation and injury and stated that the plaintiff failed to include necessary parties in the action.
Jury Verdict
On November 6, 2024, the jury found in favor of the plaintiff in this Nursing home negligence case, awarding $2,000,000 in compensatory damages. The jury allocated $1,500,000 for Sanford’s pain and suffering and $500,000 for loss of life. Although the jury considered punitive damages for Albany Nursing Home’s violations of the Nursing Home Bill of Rights, they declined to impose additional penalties against defendants Larry Seley, Francis Lyght, Debbie Constant, or Abbey County.
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