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Sketches of Court: Plaintiff’s verdict in nursing home case

December 27, 2021 Alba Acevedo
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In this courtroom sketch, Hon. Genine Edwards listens as plaintiff’s attorney John Dalli (standing), of the law offices of Dalli & Marino, references on-screen resident care progress notes while conducting a cross-examination in the trial of Vale Thomas, as administrator of the estate of decedent Olive Roberts, v. Alliance Health Operations, LLC d/b/a Linden Center for Nursing and Rehabilitation. The witness (center) is a wound care nurse from Linden Center. 

Plaintiff maintained that her mother was provided improper care and treatment while a resident of the defendants’ nursing home. It was alleged that Roberts proximately suffered a Stage IV sacral pressure ulcer as well as pressure ulcers on both heels, leading to Roberts’ death in January 2017 at the age of 90. Attorney Marci Mitkoff (seated, left), of the law offices of Marks, O’Neill, O’Brien, Doherty and Kelly, represented the defendant. Mitkoff disputed any violation of nursing home resident rights or claims of negligence in Roberts’ care and treatment.  

The jury returned a plaintiff’s verdict, awarding $375,000 for violations of the public health law as well as $375,000 for past pain & suffering for a total of $750,000 damages in the trial that resolved last week in Kings County Civil Term.

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