Defense Verdict for KBR in Suffolk Co. NY

Kaufman Borgeest & Ryan partner, David Varriale, recently obtained a unanimous defense verdict in a nursing home choking case in Suffolk County on December 16, 2016.


In the case, Conforti v. Oak Hollow Nursing Center,, plaintiff alleged that the staff had been negligent in failing to include in the transfer paperwork to co-defendant Brookhaven Memorial Hospital Medical Center specific information concerning a prior choking incident which led to the resident’s prior admission to another hospital, and was the basis for changing his diet texture to puree two weeks earlier.


The defense argued that including such specific information in the transfer paperwork was unnecessary and not the standard of care, and the nursing home properly had the resident on a puree diet until his final discharge to Brookhaven Memorial Hospital Medical Center on September 16, 2008.


Plaintiff did achieve a verdict against the two other defendants, including the attending physician who oversaw treatment at our client nursing home and the subsequent hospital.


We are pleased to report this successful vindication of the nursing home by the jury and should you have any questions regarding the conduct of the trial, feel free to contact Mr. Varriale.

Author: Rachael
Related Link:
Westlaw Number:
File Attachments: