1. Nursing Home Negligence Causes Pressure Ulcers;
Substantial Pain and Suffering Damages Verdict
Affirmed on Appeal
Tragedy struck Gualbert Alvarez twice in his young life.
On July 15, 2001, he dove into shallow water and struck his
head, causing spinal cord damages, which left him permanently
paralyzed from the neck down. He was 24 years old.
Gualbert was rushed to Jamaica Hospital where he was in a coma for
three months after his diving accident and underwent numerous
surgeries. After being medically stabilized, he was transferred to the
Rusk Institute for rehabilitation, then to Pelham Bay Nursing Home
and, in December 2001, he was transferred to Beth Abraham Nursing
Home where he remained for 26 months until July 6, 2004.
In March 2004, tragedy struck a second time when Alvarez, who
could not turn independently and needed assistance to get out of
bed, developed bed sores (also called pressure sores, pressure
ulcers and decubitus ulcers). They started as Stage II in his feet and
heels but then, over 11 days, he developed a Stage IV ulcer in his left
buttock.

2. In Alvarez v. Beth Abraham Health
Services (1st Dept. 2012), the
appellate court recently affirmed
both the liability determination and
the damages awards.
In January 2005, Alvarez sued the nursing home
claiming that his bedsores were a result of the staff’s
negligent skin care – in failing to regularly position his
body.
On March 9, 2011, a Bronx jury agreed and found that
the defendant was negligent and that plaintiff was
entitled to pain and suffering damages in the sum of
$750,000 ($500,000 past – seven years, $250,000 future
– 42 years).

3. Here are the details of plaintiff’s injuries:
development of Stage IV ulcer on left buttock, about two inches in
diameter and two inches deep, with necrosis and foul odors
16 weeks of follow-up treatment including applications of wet to
dry dressings – placing saline gauze into the would and then
ripping it out after it sticks, so as to remove necrotic tissue
sharp surgical debridement involving excruciating pain (the wound
cannot be anesthetized)
continuing pain at the ulcer site from area where the spine meets
the legs
sore remained open for 2-3 months before healing with large scar
over an embarrassing hole in left buttock preventing plaintiff from
sitting for a long time
likelihood that the ulcer will reopen in the future and residual
increased susceptibility to development of further bed sores for
the rest of plaintiff’s life

4. The appellate court decision does not refer to any prior cases dealing
with the proper amount of damages in a case like this (there are in
fact very few); however, there are two relevant prior cases that
apparently influenced the judges:
Parson v. Interfaith Medical Center (2d Dept. 1999) – $400,000 pain
and suffering award (all past – six months, no future – death from
unrelated causes) reduced from $1,000,000 for 92 year old nursing
home resident with six pressure ulcers, including three very large
Stage IV ulcers
Kolbert v. Maplewood Healthcare Center, Inc. (4th Dept. 2005) –
$500,000 pain and suffering award (all past – one year, no future –
death from unrelated causes) reduced from $1,500,000 for 78 year
old nursing home resident with Stage IV pressure ulcers in her heels
as well as a fractured elbow

5. Inside Information:
After the jury charge, it took only an hour and a half to render the
verdict.
It appears that the jurors were disturbed by the fact that defendant’s
records indicated that proper and necessary turning and positioning
(i.e., once every two hours) only took place 65% of the time.
Part of the defense was that plaintiff was a noncompliant patient who
stayed in his wheelchair too long, refused to wear prescribed booties
for his feet and left the premises too often for outside social visits.
At the time of trial, plaintiff lived with his wife, who he married in
2007.
http://www.newyorkinjurycasesblog.com/20
13/01/articles/medical-malpractice-1/bed-
sores/

6. POSTED BY ATTORNEY RENE G.
GARCIA:
Some of our clients have suffered
injuries that require a Pain
Management Doctor due to a
serious accident. The Garcia Law
Firm, P.C. was able to successfully
handle these types of cases. For a
free consultation please call us at
1-866- SCAFFOLD or 212-725-1313.