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  • Writer's pictureLeitner Varughese Warywoda

Leitner Varughese settlement against home care agency recognized as one of the Top 100 Settlements i

Leitner Varughese PLLC has been recognized for obtaining one of the Top 100 Settlements in New York in the year 2017 by, which recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, settlements, court or arbitration awards in the Nation or an individual State, in a particular area of law, and year.

This was a case involving a 75-year-old home care patient, who had begun receiving home care treatment two years earlier with two different agencies before the defendant agency was obtained.

The plaintiff contended that although the nursing assessment determined that the patient was confined to bed and required turning every two hours, the nursing aides assigned to such task failed to do so for an extended period.

The plaintiff pointed out that a nursing assessment that was made every two weeks found that the patient needed to be regularly turned and/or and a special mattress be used. Such assessments were documented and the records also reflected that the patient was not turned for an extended period of months.

The defendant maintained that the patient was turned every two hours to the extent possible, but documented that the patient frequently refused to be turned. The defendant further contended that the Plaintiff’s end stage renal disease and other co-morbidities were the cause of the skin breakdown.

The plaintiff asserted that an alternating air mattress, a mechanical device that relocates air from one area of the mattress to another to relieve pressure could have been used. The plaintiff contended that it was likely that the defendant did not wish to incur the relatively significant cost of such a device.

The plaintiff maintained that two stage IV decubitus ulcers formed on the back and the plaintiff would have presented photographs that graphically depicted the large sores.

The plaintiff required two debridement procedures and contended that the patient experienced severe pain and suffering until she died approximately nine months after the sores were diagnosed.

The unmarried decedent patient was childless.

The case was against a home health agency and not a nursing home, so sections of the Public Law that would provide a basis for a finding of liability that was separate from a showing that the defendant failed to meet the standard of care, and sections relating to sanctions, including attorney fees, did not apply in this case. The matter settled prior to trial for $450,000.00.


Leitner Varughese PLLC is a cutting-edge litigation and trial law firm uniquely experienced in handling high-profile, complex lawsuits involving serious injuries and wrongful death. The Firm has vast experience in handling cases involving Nursing Home Abuse and Neglect, and has vast experience handling these cases in Nassau County, Suffolk County, Bronx County, Kings County, Richmond County, Queens County, New York County, Westchester County and Rockland County.

In addition to handling these types of cases, Leitner Varughese PLLC routinely and successfully represents victims that have been sustained serious injuries caused by:

Construction Accidents Medical Malpractice Motor Vehicle Accidents Trip / Slip & Fall Accidents Labor Law Violations Negligent Premises Security Products Liability Defective Drugs

For more information about Leitner Varughese PLLC or to be a part of our team, please contact us at (855) LV LAW NY (855-585-2969), or visit our website at

Leitner Varughese is currently investigating New York nursing home injuries involving:

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