Corselli vs. Westchester Park, LLC, et al

Case Background

On August 06, 2019, Plaintiff Gaye Corselli, as the Administrator of Pearl Jackson’s estate, filed a wrongful death lawsuit against Westchester Park, LLC, a nursing home, alleging negligence in its care of Pearl Jackson. The lawsuit was filed in the Supreme Court of New York, Westchester County. Judge Robert S. Ondrovic presided over this lawsuit. [Case number: 61694/2019]

Cause

Pearl Jackson, the Plaintiff’s decedent, lived in Westchester County, New York, until her death on August 24, 2017. Gaye Corselli, a resident of Queens County, New York, served as the Administrator of Jackson’s estate.

Westchester Park, LLC, a domestic limited liability company, operated a residential healthcare facility at 127 South Broadway in Yonkers. It also operated under the name Sans Souci Rehabilitation and Nursing Center. Both names were licensed to provide nursing care, housing, and related health services in compliance with New York law.

Westchester Park, LLC, acted as both lessor and lessee, maintaining control over the facility’s management, supervision, and operations during Jackson’s stay. From February 27, 2007, to August 24, 2017, Jackson remained under its exclusive care. The facility was subject to both state and federal regulations.

The Plaintiff claimed that during Jackson’s residency, she suffered multiple injuries, including bedsores, which contributed to her wrongful death. Plaintiff alleged that the Defendant’s negligence caused these injuries and that the facility violated several laws and regulations.

According to the Plaintiff, the Defendant failed to provide proper care throughout Jackson’s stay. The Plaintiff argued that this neglect, along with reckless and careless actions, deprived Jackson of her rights as a resident. These violations allegedly continued until her death.

Injury

Plaintiff alleged that Defendant’s negligent care caused the decedent to suffer hypoxic respiratory failure, sepsis, multiple pressure ulcers, and hypoxia. The Plaintiff also claimed that the decedent experienced dehydration, low oxygen levels, pneumonia, and multiple infections.

Damages

According to the Plaintiff, these conditions led to significant pain and suffering, along with a loss of dignity. The Plaintiff asserted that these failures ultimately resulted in the decedent’s wrongful death on August 24, 2017.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Gaye Corselli, as the Administrator of Pearl Jackson’s estate
    • Counsel for Plaintiff(s): Brett A. Zekowski | Fred Robert Rosenthal | Ryan Hamilton McAllister | Steve Fils-Aime | Darnisha Alon Lewis
  • Defendant(s): Westchester Park, LLC | Westchester Park, LLC d/b/a Sans Souci Rehabilitation and Nursing Center | Sans Souci Rehabilitation and Nursing Center
    • Counsel for Defendant(s): John Patrick O’Sullivan | Andrew Thomas Sheeley | Daniel Phillip Rifkin | Elizabeth Dianne Dreisbach | Eric Samuel Bernhardt

Claims

Plaintiff claimed that Defendant failed to create a proper care plan with clear goals and timelines to address the patient’s medical, nursing, mental, and social needs. Plaintiff also alleged that Defendant did not take necessary steps to prevent the patient’s abilities in daily activities from declining unless medically unavoidable.

According to Plaintiff, Defendant failed to provide the treatment and support needed to help the patient maintain or improve her ability to perform daily activities. The facility allegedly neglected to offer essential services for proper nutrition, grooming, and personal and oral hygiene.

Additionally, Plaintiff argued that Defendant did not ensure the patient received adequate treatment to promote healing and prevent infections. The Plaintiff further claimed that the Defendant failed to take appropriate measures to prevent the development of bedsores.

Defense

The Defendant denied any negligence and argued that the decedent’s death resulted from underlying health conditions and age, not improper care. The Defendant cited medical records showing clear lungs, normal vital signs, and no signs of infection in the weeks before her death.

Jury Verdict

On March 7, 2024, the jury ruled in the Plaintiff’s favor and awarded $650,000 in damages. This included $625,000 for violations of resident rights leading to injury or death and $25,000 for pain and suffering.

Court Documents:

Complaint

Answer