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You are here: Home / ARTICLES / Albany Nursing Home Ordered to Pay $2 Million in Wrongful Death Case

Albany Nursing Home Ordered to Pay $2 Million in Wrongful Death Case

By Christopher Migliaccio · Texas Attorney · Texas Bar #24053059
Published: November 22, 2024 · 3 min read

Enjoying life to the fullest everyday A group of seniors smiling together while in a retirement home Nursing Home for elders , Albany Nursing Home Ordered to Pay $2 Million in Death Case

In Albany, New York, a jury ordered a nursing home to pay $2 million after finding it liable for the wrongful death of Roger Sanford. His daughter, Lori LaRock, filed the lawsuit, claiming that Albany County Nursing Home failed to provide essential care for her father, who had Alzheimer’s and heart disease. According to LaRock, the facility was often understaffed, leaving her father unattended, unshaven, and frequently soiled.

In one upsetting incident, LaRock found her father covered in urine. When she asked staff for help, they told her to clean him herself, as no caregivers were available. This lack of care worsened Sanford’s health. On March 1, 2018, paramedics responded to a 911 call LaRock made. They found Sanford alone without any nursing staff to assist him. He passed away two days later.

Verdict and Compensation

The jury awarded LaRock $1.5 million for her father’s suffering before his death and another $500,000 for his loss of life. They upheld LaRock’s claims under the New York State Nursing Home Bill of Rights. However, they rejected allegations against the facility’s executive director, Larry Slatky, under the Federal Nursing Home Reform Act. The jury did find some staff members liable for medical malpractice, including supervisor Debbie Gossman and nurse Rhonda Lyga.

This significant verdict highlights the neglect Sanford endured in his last days. LaRock’s attorneys, Ilann M. Maazel and Hannah Brudney of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, stated, “We are gratified that the jury has finally held Albany County, this home, and its employees to account for the horrific suffering and premature death of Mr. Sanford.”

Legal Arguments and Defense

LaRock argued that understaffing, poor training, and weak management led to her father’s neglect. She claimed the nursing home did not meet basic care standards, calling it a “house of horrors.” Staff, she alleged, ignored her father’s medical needs, including feeding and basic treatments. LaRock also reported that Slatky, the executive director, threatened her, saying complaints to the state Department of Health would “go nowhere.”

Kevin P. Burke of Burke Scolamiero Law Firm led the nursing home’s defense and denied these claims. The nursing home’s representatives did not comment on the verdict.

The Law Firms Involved

Attorneys Ilann M. Maazel and Hannah Brudney from Emery Celli Brinckerhoff Abady Ward & Maazel LLP represented LaRock. They have extensive experience in civil rights and personal injury cases. Kevin P. Burke of Burke Scolamiero Law Firm defended the nursing home.

Potential Impact

This verdict in which Albany Nursing Home ordered to pay $2 million could set a precedent for future cases of nursing home neglect, especially those based on the Nursing Home Bill of Rights. For Albany County Nursing Home, the ruling may drive reforms in staffing, training, and accountability practices to prevent similar cases. For families, this case highlights the potential for legal recourse when care facilities fail vulnerable residents.

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance. He is dedicated to protecting clients' rights and helping Texas families achieve financial stability and peace of mind.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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