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Case Study

Claims of Abuse and Neglect Against NYS Health Care Employees Dismissed in Major Summary Judgment Victory

June 8, 2016
Kenneth M. Alweis

Attorneys from Goldberg Segalla’s Syracuse team recently secured the dismissal of hundreds of independent claims of physical and psychological abuse against health care professionals employed by New York State Office for People with Developmental Disabilities. Following a $30-million demand presented by the plaintiffs during mediation, this summary judgment victory protects the livelihoods and reputations of our clients and highlights the capabilities of the firm’s Health Care and General Liability Practice Groups.

Kenneth M. Alweis and Heather K. Zimmerman led the Goldberg Segalla team in this victory in the U.S. District Court for the Northern District of New York. They represented six professionals who worked at a state-owned residential home for severely disabled individuals. The plaintiffs, parents of a disabled man who lived at the facility, alleged that the defendants violated their and their son’s constitutional rights through a pattern of abuse, neglect, and retaliation.

The Goldberg Segalla team took over the defense of our clients from the New York State Attorney General’s office. Document discovery involved the analysis of tens of thousands of pages of treatment and related records.  In September 2015, after extensive fact and expert discovery, we filed a motion for summary judgment. In June 2016, the court granted our motion and dismissed the case against our clients in its entirety.