Jury Awards $6.8 Million in Nursing Home Understaffing Class Action

After a seven-day trial in Dutchess County, a New York state jury handed down a $6.8 million verdict against a nursing home and its four owners who were accused of chronic understaffing that led to severe patient neglect.

The jury awarded $3.2 million in compensatory damages against the Sapphire Nursing at Wappingers, LLC and its owners, plus $3.6 million in punitive damages against the home and one owner.

The defendants told Law360 that the verdict goes “against the weight of evidence” and they are pursuing post-trial remedies.

Public Health Law

The suit was filed as a class action under the New York Public Health Law which allows a private right of action for patients to sue residential healthcare facilities. A state court certified a class of patients who were at the 62-bed Sapphire between 2017 and 2020. The class was led by Susan Schmidt, whose mother resided at the facility prior to her death in 2021.

According to the complaint, upon taking control of the facility in 2017, the owners began to dramatically reduce staffing, particularly registered nurses, licensed practical nurses, and nurse aides, which left the staff unable to keep up with residents’ needs.

During the trial, the plaintiffs provided medical evidence and testimony of families and staff about residents being routinely deprived of timely bathing, feeding, medication, and wound care. Plaintiffs pointed to a 2018 state health department report that documented how severe aide shortages left residents trapped in beds for hours and caused delays in basic care.

As a result of the lack of routine care, plaintiffs said residents developed severe muscle atrophy, had existing conditions worsen, and suffered preventable infections.

During the trial, the defense maintained that any injuries were caused by residents’ preexisting medical conditions rather than facility negligence. They insisted that Sapphire maintained staffing levels that met state and federal requirements. Nursing home managers and administrators told the jury that the owners were trying to recruit and retain nurses after acquiring the facility. The owners denied that they purposefully understaffed the facility to increase their own financial profit.

The individual owners — Richard Platschek (33% ownership), Machla Abramczyk (20%), Esther Farkovits, (33%) and Robert Schuck (13%) — insisted they should not be held personally liable for the debts or actions of the corporate entity, a limited liability company (LLC). They said they were not involved in daily patient activities. The court ruled against them on liability and allowed punitive damages.

Leslie Kroeger of Cohen Milstein Sellers & Toll LLP, representing the plaintiff class in the suit, called the result a “thoughtful and deliberate verdict and damages award” by the jury.

“We hope this verdict sets an important precedent for nursing home and assisted living facilities in New York,” Kroeger said in a statement.

Topics Lawsuits