Family Fights Back Against Nursing Home Abuse

Lawsuits against nursing homes are never enjoyable, but justice must be served against bad actors whose lack of care leads to serious injury and death of innocent people. Unfortunately, hundreds of families are impacted by these tragedies every day. Such is the case for the family of an 84-year-old woman who lost her life, due to lack of care at a facility in Westhampton. 

Delayed Care Leads to Tragedy

On January 14, 2008, Jean Ojeda was admitted to Westhampton Care Center with the assistance of her loving family in order to recover from hospitalization. Ojeda had experienced shortness of breath in connection with Chronic Obstructive Pulmonary Disease (COPD).

While Ojeda’s stay at Westhampton Care Center was intended to rebuild her strength with quality treatment, she received delayed care for more than a month and the operators of the facility failed to provide critical assistance.

For example, Ojeda contracted severe bedsores, she was malnourished and lost 27.8-pounds. She also suffered from infections and experienced multiple falls. In a discovery of negligence during legal pursuits, it was found that the facility did not provide necessary pressure relief, such as a proper mattress or treatment of Ojeda’s wounds.

Sadly, Ojeda died as the result of a lack of care and treatment by Westhampton Care Center.

Pursuing Justice

Ojeda’s children filed a lawsuit against Westhampton Care Center in response to the lack of care and treatment for her mother. They were represented by the firm of Kelly, Grossman & Kerrigan, LLP who sought justice for Jean Ojeda. Westhampton Care Center chose to settle the case for a hefty six-figure sum rather than risk punishment from a jury for the neglect and death that was ultimately caused.

“Hopefully they will learn from this because nursing home abuse must be stopped,” said Michael Ojeda, Jean Ojeda’s son. “My mom deserved better and this facility failed her and broke their promises to her and our family.”

Successful Lawsuits Against Negligent Nursing Homes

The Westhampton Care Center lawsuit is one of more than 100 similar lawsuits that have been filed by attorneys David Grossman, Dennis Kelly, and Suzanne Flanagan. In nearly every case, it has been found that there have not been a proper number of employees staffed at nursing homes to provide professional care.

Suits have been filed around New York City and Long Island at nursing homes such as Sunrise at Mill Basin in Brooklyn where it was found that an Alzheimer’s patient drank a red liquid floor cleaner, thinking it was Kool-Aid – a situation that could have been avoided with proper care. $3 million in damages were awarded by the jury. Additionally, a Kings County jury awarded approximately $18 million to the family of a man for neglect he suffered at Brooklyn Queens Nursing Home.

“The laws that govern nursing homes are designed to keep residents safe and when they do not follow the law these facilities must be held accountable,” said Grossman.

Experienced Nursing Home Abuse Lawyers

Kelly, Grossman & Kerrigan, LLP is here to help when you need an advocate on your side to seek justice against facilities that don’t provide the care they promise. We are dedicated to ending nursing home abuse and protecting your loved ones at all costs.

Learn more about our journey to stop nursing home neglect and abuse, and talk with us about your unique situation. Contact us or call 631.314.4996 today for more information.