The Impact of Leitner Warywoda on Nursing Home Litigation in New York State

Brett Leitner
Jul 25
8 min read

Leitner Warywoda PLLC has emerged as one of New York's most influential law firms in the specialized field of nursing home litigation, fundamentally reshaping how these cases are prosecuted and establishing new precedents that protect vulnerable elderly residents across the state. Through their aggressive litigation tactics, innovative legal strategies, and substantial financial recoveries, the firm has not only secured justice for individual clients but has also contributed to broader systemic changes in nursing home regulation and industry practices

Firm Overview and Concentrations

Founded by partners Brett R. Leitner and Nicholas E. Warywoda, Leitner Varughese Warywoda has distinguished itself as a premier personal injury law firm with a particular focus on nursing home abuse and neglect cases1 2 3. The firm has been recognized as the "#1 Personal Injury Law Firm in New York" and has recovered over $250 million for clients, with more than $150 million specifically attributable to nursing home neglect and abuse cases 4 5 6.

The firm's attorneys have achieved national recognition, with all three partners selected to Super Lawyers and receiving numerous accolades from organizations including the National Top 100 Trial Lawyers, American Academy of Trial Attorneys Premier 100, and Rue Ratings Best Attorneys in America 7 8 9. Their expertise has been featured extensively in major media outlets including CBS News, Good Morning America, Newsweek, Newsday, and Eyewitness News2 10 11.

Case Outcomes and Financial Impact

Leitner Warywoda has secured some of the largest nursing home settlements and verdicts in New York State history. Their track record demonstrates both the scale of their impact and their ability to hold negligent facilities accountable through substantial financial consequences.

Major Settlements and Verdicts by Leitner Warywoda

The firm's notable recoveries include a $975,000 settlement for a 93-year-old client who suffered a fatal head injury after falling out of bed at a Suffolk County nursing home, which was recognized as a Top 100 Settlement in the United States for 2020 12. Additional significant nursing home cases include a $1.3 million recovery for a fall involving a dislodged catheter resulting in death, a $750,000 settlement for a choking death, and multiple settlements ranging from $500,000 to $600,000 for cases involving bedsores, fractures, and infections 13 14.

Their recent victories demonstrate continued success, including a $1.2 million award against a Brooklyn nursing facility for neglect leading to Stage IV pressure ulcers and fatal infection, and a $575,000 settlement for a 91-year-old fall victim in the Bronx14. These recoveries represent not just individual justice but send clear messages to the industry about the financial consequences of substandard care.

Pattern of Successful Prosecutions

The firm has established a consistent pattern of success across various types of nursing home negligence cases. Their settlements have been featured multiple times in TopVerdict.com's annual lists of top settlements in New York State, including two cases in 2018: a $325,000 settlement for a Bronx County nursing home resident who sustained falls and fractures, and a $300,000 settlement for an 89-year-old client who developed extensive Stage IV decubitus ulcers15.

The firm's approach to case valuation and prosecution has resulted in settlements that often exceed expectations. As noted by client testimonials, Brett Leitner's "diligence and attention to detail and masterful negotiations" have produced settlements that "far exceeded expectations"4 16.

Legal Strategies and Innovative Approaches

Utilization of New York Public Health Law § 2801-d

One of the firm's most significant strategic innovations has been their aggressive use of New York Public Health Law § 2801-d, which provides a private statutory cause of action for nursing home residents injured as a result of facility deprivation of certain "resident's rights"17 18. This statute allows for recovery of compensatory damages, punitive damages, and attorney fees, making it a powerful tool for holding nursing homes accountable18 19.

The firm has been at the forefront of utilizing this statute, which creates liability when nursing homes fail to provide rights and benefits established by state and federal regulations, including adequate staffing, proper medical care, infection control, and safety measures20 21. Their expertise in this area has been recognized as they have "facilitated in the recovery of over $50 million alone in verdicts and settlements on behalf of the victims of nursing home neglect and abuse" using this statutory framework17.

Groundbreaking Arbitration Victory

In 2024, Leitner Warywoda achieved a landmark appellate victory that significantly strengthened nursing home residents' rights to pursue claims in court rather than being forced into arbitration. In the case of Bergman v. Gurwin Jewish Geriatric Center, the firm successfully challenged the enforceability of forced arbitration clauses in nursing home admission agreements22 23.

The case involved Rose Kirszenweig, a nursing home resident who suffered multiple falls and injuries while residing at the Gurwin Jewish Geriatric Center. When her daughter Shirley Bergman signed the facility's admission agreement containing an arbitration provision, the nursing home later sought to force the case into arbitration rather than allowing it to proceed in court22.

The Appellate Division's decision, secured by LVW on appeal, rejected the enforceability of the forced arbitration clause and reaffirmed "the fundamental right of nursing home residents to seek justice in court"22. This precedent-setting victory has implications for thousands of nursing home cases across New York State, as it "sets a strong precedent against the enforceability of forced arbitration clauses in nursing home admission agreements, particularly when those agreements are signed by family members who may not have the proper legal authority to bind the resident to such provisions"22.

Advanced Investigation Techniques

The firm has developed sophisticated investigative methodologies specifically tailored to nursing home cases. Attorney Justin Varughese has outlined their comprehensive approach, which includes immediate preservation of surveillance footage, detailed analysis of medical records from both nursing homes and hospitals, and collaboration with geriatric experts to identify deviations from standard care24.

Their investigation process emphasizes the time-sensitive nature of evidence preservation, particularly surveillance footage that nursing homes may not retain for extended periods. The firm's systematic approach to reviewing assessments, care plans, orders, and nursing notes, combined with expert medical analysis, allows them to build compelling cases that demonstrate both what should have been done and what was improperly executed24.

COVID-19 Litigation Leadership

During the COVID-19 pandemic, Leitner Warywoda emerged as a leader in pursuing nursing home liability cases. The firm represented families in groundbreaking lawsuits challenging nursing homes' failure to implement proper infection control measures25 26. One notable case involved Vivian Rivera-Zayas, whose mother died of COVID-19 at Our Lady of Consolation Nursing & Rehabilitation Care Center in West Islip, allegedly due to the facility's "abject and longstanding failure to maintain a system for preventing, identifying, reporting, investigating and controlling infections and communicable diseases"26.

The firm successfully argued a bellwether case before the U.S. Court of Appeals for the Second Circuit to determine the fate of thousands of nursing home death lawsuits related to COVID-19, challenging attempts by nursing homes to use the Public Readiness and Emergency Preparedness (PREP) Act as a shield against liability26.

Regulatory Influence and Impact on New York Nursing Home Standards

Contributing to Legislative Reforms

While Leitner Warywoda's primary impact has been through litigation rather than direct legislative advocacy, their successful prosecutions have contributed to the broader movement for nursing home reform in New York State. The substantial settlements and verdicts they have secured have demonstrated the financial risks of poor care, providing additional incentive for facilities to improve their practices.

The firm's work has coincided with significant legislative reforms in New York, including the implementation of the "70-40 rule" requiring nursing homes to spend at least 70% of revenue on direct resident care and 40% on resident-facing staffing27 28 29. While the firm did not directly lobby for these changes, their successful cases documenting understaffing and neglect have provided evidence supporting the need for such reforms.

Exposing Industry Practices

Through their litigation efforts, LW has played a crucial role in exposing problematic practices within the nursing home industry. Their cases have highlighted common issues including inadequate staffing, failure to implement fall prevention protocols, improper wound care leading to severe bedsores, medication errors, and inadequate infection control measures2 10 30.

The firm's high-profile cases have received extensive media coverage, bringing public attention to nursing home negligence issues. For example, their representation in the Hamptons Center for Rehabilitation and Nursing sexual assault case was featured prominently in Newsday's investigation of Long Island nursing home violations, with attorney Brett Leitner providing expert commentary on how understaffing creates opportunities for abuse31.

Collaboration with Regulatory Efforts

The firm has demonstrated support for regulatory enforcement efforts, publicly commending the New York State Attorney General's prosecution of nursing home abuse cases. In 2017, when a certified nursing assistant from Medford Multicare Center for Living was found guilty of falsifying business records after leaving dementia patients unattended, LVW attorneys applauded the Attorney General's efforts and emphasized the importance of criminal prosecution alongside civil litigation17.

This collaborative approach recognizes that comprehensive protection of nursing home residents requires both individual civil litigation to compensate victims and regulatory/criminal enforcement to deter future misconduct.

Industry Impact Through Financial Consequences

The substantial settlements secured by LW have created financial incentives for nursing homes to improve their practices. When facilities face multimillion-dollar liability exposure for negligent care, it becomes economically rational to invest in proper staffing, training, and safety protocols. The firm's track record of securing significant recoveries has elevated the perceived risk of litigation throughout the industry.

Their success has also influenced other attorneys to pursue nursing home cases more aggressively, contributing to an overall increase in litigation pressure on the industry. As noted in their recognition as a firm that "other attorneys often call upon to handle their most serious cases," LW has helped elevate standards of nursing home litigation practice across New York32.

Current Nursing Home Litigation Landscape in New York

Major Regulatory Actions

The nursing home litigation environment that LW operates within has been shaped by significant regulatory actions, including New York Attorney General Letitia James's aggressive pursuit of nursing home operators. Recent major settlements include the $45 million Centers for Care settlement for fraud and neglect at four facilities, and the $86 million settlement with Fulton Commons Care Center in Nassau County33 34 35 36.

These cases, prosecuted by the Attorney General's office, complement the civil litigation work performed by firms like LW by addressing systemic fraud and establishing monitoring mechanisms to ensure ongoing compliance33 37 38.

Ongoing Challenges

Despite regulatory reforms and successful litigation, significant challenges remain in New York's nursing home industry. Recent Newsday investigations have documented continued violations at Long Island nursing homes, with 15 facilities fined a combined $661,210 in 2024 for violations including inadequate supervision leading to patient injuries and failures to investigate abuse allegations39.

The persistence of these issues demonstrates the continued need for aggressive civil litigation alongside regulatory enforcement. LW's ongoing work addresses individual cases of negligence while contributing to the broader deterrent effect that makes substandard care financially untenable for nursing home operators.

Conclusion

Leitner Warywoda has established itself as a transformative force in New York nursing home litigation through their combination of substantial financial recoveries, innovative legal strategies, and precedent-setting appellate victories. Their recovery of over $100 million specifically in nursing home cases represents not just individual justice for victims and families, but a powerful deterrent that has elevated standards of care throughout the industry6 9.

The firm's strategic use of New York Public Health Law § 2801-d, their groundbreaking victory against forced arbitration clauses, and their sophisticated investigation techniques have established new benchmarks for nursing home litigation practice. Their work during the COVID-19 pandemic demonstrated adaptability and leadership in addressing emerging challenges facing vulnerable nursing home residents.

While systemic problems in nursing home care persist, the accountability mechanism provided by LVW's aggressive litigation has created financial incentives for improved care that complement regulatory reforms. Their influence extends beyond individual cases to shape industry practices, legal precedents, and the broader landscape of nursing home resident protection in New York State.

The firm's continued success in securing substantial settlements and verdicts, combined with their commitment to exposing negligent practices through media coverage and regulatory collaboration, positions them as a continuing force for positive change in protecting New York's most vulnerable residents. Their impact demonstrates how strategic civil litigation can serve not only individual clients but also the broader public interest in ensuring safe, dignified care for nursing home residents throughout the state.

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