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Neglect case against Jewish Home resolved

Gertrude Kash

A settlement has been reached  in a suit filed by a Rochester woman’s estate against the Jewish Home of Rochester and Dr. Lars-Goran Larsson.

New York State Supreme Court, Monroe County Judge David M. Barry recently approved final resolution of the almost four-year legal action alleging negligence, medical malpractice and violation of New York Public Health Law, which protects nursing home patients from abuse. Details of the settlement were not disclosed. 

The family of Gertrude Kash was represented by Faraci Lange LLP which put out a release saying Kash was injured about three weeks after being admitted to the Jewish Home in 2006 for a brief rehabilitative stay.

The suit was originally filed by Kash and, upon her death in March 2009, continued by her daughter and estate representative Laurie Kash who said she promised her mother she would pursue the case to the end.

“I hope that nothing like this will ever happen again to a Jewish Home resident,” Laurie Kash said. “By winning the appeal on the Public Health Law claim, she … left a positive legacy to help others injured by nursing home neglect to seek justice.”

The statutory claim had been dismissed by the trial court but the Appellate Division, Fourth Department determined Kash was entitled to make such a claim under the law, in addition to her other claims.
Kash was 87 years old and living independently in Rochester when she fell and suffered a concussion in late 2005.

According to the release, she did well the first three weeks of rehabilitation and was close to being discharged, until March 5 when the nurse caring for her failed to perform an ordered catheterization, necessary overnight for a pre-existing bladder condition.

Kash tried to get out of bed early March 6 to empty her bladder, but didn’t make it to the bathroom. She was found on the floor by the nursing staff after she fell.

For the next six days, Kash complained of pain. A portable x-ray taken on March 7 was read as not showing any definitive fracture. Kash’s health continued to decline until the evening of March 12, 2006, when she again was found on the floor of her room by nursing staff.

A March 15, 2006 CT scan showed a fracture of one of her vertebrae, but Kash was not evaluated by her doctor, Dr. Larsson, any other physician or nurse practitioners. A physician relative visited Kash on March 18, 2006 and quickly determined that she was paralyzed from the chest down. She was rushed to the hospital but spinal-cord damage caused by the fracture, swelling and bleeding was irreversible.

Kash lived an additional three years confined to a wheelchair, paralyzed from the chest down. She died March 2, 2009.

The family continued the suit to seek justice for Kash’s physical and emotional pain and suffering, as well as to recover the costs of her care for the final three years of her life.

One comment

  1. Well done, Laurie. Your mother would be proud.