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Healthcare
10 min read
Areas of Expertise :
Nursing Homes, Wound Care, Long Term Care, Medical Malpractice, Geriatric, Standard of Care, Internal Medicine, Wrongful Death
Published Date:
Last Modified Date:
Jurisdiction:
New York State
Serrapica v. South Shore Rehabilitation & Nursing Center, 2026 NY Slip Op 50065(U), involved a nursing home negligence lawsuit concerning the care provided to Henry Serrapica at South Shore Rehabilitation and Nursing Center in Freeport, New York. Serrapica resided at the facility during 2018 and 2019, when he developed multiple pressure ulcers while receiving treatment for serious medical conditions. After his death on December 26, 2019, his son, Matthew Serrapica, acting as administrator of his estate, filed claims alleging inadequate nursing care, improper wound treatment, and violations of nursing home residents' rights. South Shore disputed the allegations, maintaining that its treatment met accepted medical and nursing standards and that Serrapica's underlying health conditions contributed to his deterioration. The dispute proceeded in the Supreme Court of New York, Nassau County, in Mineola, where nursing and medical experts presented conflicting opinions about his treatment and the causes of his injuries.
On June 26, 2025, a jury awarded $5 million against South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC. The jury determined that negligent nursing care caused Serrapica's injuries but was not a substantial factor in causing his death. Separately, it found that violations of his protected resident rights under New York Public Health Law § 2801-d resulted in his death. Justice Christopher T. McGrath denied the defendants' post-trial motions on January 14, 2026, leaving the verdict intact. The defendants subsequently pursued an appeal before withdrawing it on July 10, 2026, without an appellate decision on the merits.
Henry Serrapica resided at South Shore Rehabilitation and Nursing Center in Freeport, Nassau County, New York, during 2018 and 2019. His medical history included diabetes, hypertension, heart disease, and previous kidney and pancreas transplants requiring immunosuppressant medication. During his residency, he developed multiple pressure ulcers affecting his heels, ankle, and other areas of his body. His family later alleged that nursing staff failed to provide adequate repositioning, wound care, nutritional support, and assistance with personal hygiene.
Henry Serrapica died on December 26, 2019, after receiving treatment at South Shore and other healthcare facilities. His estate alleged that inadequate nursing care contributed to pressure injuries, infections, malnutrition, and complications associated with his declining health. South Shore disputed these allegations, attributing his deterioration partly to existing medical conditions. The disagreement centered on whether the facility's nursing treatment caused or worsened his injuries and whether those injuries contributed to his death.
Matthew Serrapica, acting as administrator of his father's estate, filed a lawsuit in Nassau County Supreme Court against South Shore Rehabilitation and Nursing Center, South Shore Rehabilitation, LLC, and Mount Sinai South Nassau. The action, assigned Index No. 601695/2021, included claims involving medical malpractice, negligence, gross negligence, wrongful death, and violations of New York Public Health Law §§ 2801-d and 2803-c.
The estate alleged that the defendants failed to properly assess pressure injury risks, establish appropriate nursing care plans, and provide treatment consistent with accepted medical and nursing standards. Additional allegations concerned Serrapica's personal hygiene, dignity, medical documentation, and other protected nursing home resident rights.
The parties certified the case as ready for trial on June 30, 2023, and a note of issue was filed on September 19, 2023. The litigation involved disputes over pressure ulcer prevention, patient repositioning, wound assessments, nursing documentation, and compliance with nursing home residents' rights requirements.
Serrapica's estate sought damages for injuries allegedly resulting from negligent treatment and deprivation of protected rights. South Shore maintained that its nursing practices complied with accepted standards and did not cause the alleged injuries.
Acting Justice Rhonda E. Fischer denied South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC's motion for summary judgment, allowing the claims against them to proceed. The defendants submitted expert opinions from surgeon Dr. Norman Chideckel and nursing expert Diane Yastrub, who maintained that South Shore's care met accepted medical and nursing standards. In opposition, the plaintiff presented an expert affirmation from internal medicine physician Dr. Michael Finkelstein, who identified alleged deficiencies in pressure ulcer prevention, repositioning, wound treatment, nutritional support, and individualized care planning.
The court found unresolved factual questions concerning the adequacy of South Shore's treatment, whether departures from accepted standards caused Serrapica's injuries or death, and whether any deprivation of his protected rights involved willful or reckless conduct. These disputed issues remained for trial. The court also granted Mount Sinai South Nassau's unopposed motion for summary judgment, dismissing the claims against that defendant.
The jury trial began on June 17, 2025, with testimony addressing Serrapica's medical history, pressure injuries, nursing treatment, and living conditions at South Shore. Registered nurse Colleen Usherwood and internal medicine physician Dr. Michael Finkelstein testified for the plaintiff, identifying alleged deficiencies in repositioning schedules, wound assessments, nursing documentation, and care planning. Both maintained that Serrapica's condition required repositioning at least every two hours and criticized the facility's plan allowing repositioning every two to four hours.
Treating nurse Tiffany Butler also testified about her wound care responsibilities and lack of specialized wound care training while serving as Serrapica's primary wound care nurse for approximately six months. Her testimony became part of the dispute over whether nursing personnel possessed the skills necessary to manage his pressure injuries.
The defense presented nurse practitioner Diane Yastrub and surgeon Dr. Norman Chideckel, who challenged the plaintiff's conclusions about nursing negligence and medical causation. Yastrub explained that repositioning schedules should be based on individual patient needs and maintained that South Shore's practices were appropriate. Chideckel attributed Serrapica's deterioration partly to diabetes, cardiovascular disease, and immunosuppressant medication, disputing the claim that his pressure injuries caused his death.
Family members also testified about Serrapica's hygiene, clothing, personal possessions, and treatment during his residency. Their accounts formed part of the evidence concerning alleged violations of his protected resident rights.
On June 26, 2025, the jury returned a $5 million verdict against South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC. It found that negligent nursing care caused injuries to Serrapica and that the facility violated rights protected by federal nursing home regulations, supporting liability under New York Public Health Law § 2801-d.
The resident-rights findings concerned dignity, personal possessions, medical records, hygiene, pressure ulcer prevention, and nursing staff competencies. The jury also determined that the deprivation of protected rights resulted in Serrapica's death and involved willful or reckless conduct.
The damages consisted of:
$2 million for physical harm resulting from statutory resident-rights violations.
$1 million for death resulting from those violations.
$1 million for conscious pain and suffering caused by nursing negligence.
$1 million in punitive damages.
Although the jury determined that nursing negligence caused injuries, it did not find that the negligent nursing care was a substantial factor in causing Serrapica's death. Consequently, the separate negligence-based wrongful death claim did not produce a damages award. The award for his death arose from the statutory resident-rights findings.
Justice Christopher T. McGrath denied the defendants' post-trial motions under New York Civil Practice Law and Rules § 4404(a). South Shore sought to set aside the verdict, reduce the damages, or obtain a new trial, arguing that the evidence was insufficient and that portions of the award were excessive or duplicative.
In its January 14, 2026 decision, the court examined testimony from registered nurse Colleen Usherwood, Dr. Michael Finkelstein, treating nurse Tiffany Butler, and Serrapica's family. It concluded that the evidence supported the jury's findings concerning negligent nursing care and violations of protected resident rights. The conflicting expert opinions did not provide grounds to overturn the jury's conclusions.
The court also rejected South Shore's argument that the damages for statutory violations duplicated the award for nursing negligence. It distinguished the negligence claim from the cause of action under Public Health Law § 2801-d, which provides remedies for injuries resulting from the deprivation of protected resident rights. The statute also permits remedies that are cumulative with other available causes of action, including negligence.
The $1 million punitive damages award remained intact because the evidence supported the jury's finding of willful or reckless disregard for Serrapica's protected rights. South Shore further challenged the admission of a photograph showing his sacral pressure injury after death. The court determined that the photograph, taken at the hospital on the date of his death, was not an autopsy image and that its admission did not unfairly prejudice the defendants.
The ruling denied the requested relief and preserved the full $5 million verdict.
The New York Appellate Division, Second Department listed Serrapica v. South Shore Rehabilitation on its April 16, 2026, Civil Appeals Management Program calendar under appellate docket number 2026-00859.
The listing concerned an appeal arising from the Nassau County proceedings following the jury verdict and post-trial litigation. It documented the appeal's procedural status rather than a determination of the issues raised. No appellate decision on the merits of that identified appeal was issued before its withdrawal.
On July 10, 2026, the New York Appellate Division, Second Department granted an application by South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC to withdraw their appeal.
The withdrawal was recorded in Matter of Applications to Withdraw Appeals, Cross Appeals, or Proceedings, 2026 NY Slip Op 72058(U), under appellate docket number 2026-00859. The court deemed the identified appeal withdrawn without costs or disbursements, ending that appellate proceeding without a decision on the merits.
The January 2026 trial court ruling remained undisturbed. The published appellate order did not establish whether the parties reached a settlement or whether the damages award had been paid.
Court:
Supreme Court of the State of New York, County of Nassau
Case Name:
Serrapica v. South Shore Rehabilitation & Nursing Center
Henry Serrapica developed multiple pressure ulcers while receiving care at South Shore Rehabilitation and Nursing Center in Freeport, New York, during 2018 and 2019. He died on December 26, 2019.
His estate filed a lawsuit alleging negligent nursing care, inadequate wound treatment, and violations of nursing home residents' rights under New York Public Health Law § 2801-d.
Nursing and medical experts presented conflicting testimony concerning pressure ulcer prevention, repositioning schedules, wound care standards, and whether Serrapica's underlying medical conditions contributed to his injuries and death.
On June 26, 2025, a jury awarded $5 million, finding that nursing negligence caused injuries and that separate resident-rights violations resulted in Serrapica's death. The jury did not find that nursing negligence was a substantial factor in causing his death.
On January 14, 2026, the Nassau County Supreme Court denied the defendants' post-trial motions, leaving the verdict intact. The defendants withdrew their appeal on July 10, 2026, without an appellate ruling on the merits.
Bedsores
Ulcers
Nurse Liability
Nursing
Registered Nurse
Rehabilitation Nursing
Elder Care
Medical Records Review
Serrapica v. South Shore Rehabilitation & Nursing Center, 2026 NY Slip Op 50065(U), involved a nursing home negligence lawsuit concerning the care provided to Henry Serrapica at South Shore Rehabilitation and Nursing Center in Freeport, New York. Serrapica resided at the facility during 2018 and 2019, when he developed multiple pressure ulcers while receiving treatment for serious medical conditions. After his death on December 26, 2019, his son, Matthew Serrapica, acting as administrator of his estate, filed claims alleging inadequate nursing care, improper wound treatment, and violations of nursing home residents' rights. South Shore disputed the allegations, maintaining that its treatment met accepted medical and nursing standards and that Serrapica's underlying health conditions contributed to his deterioration. The dispute proceeded in the Supreme Court of New York, Nassau County, in Mineola, where nursing and medical experts presented conflicting opinions about his treatment and the causes of his injuries.
On June 26, 2025, a jury awarded $5 million against South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC. The jury determined that negligent nursing care caused Serrapica's injuries but was not a substantial factor in causing his death. Separately, it found that violations of his protected resident rights under New York Public Health Law § 2801-d resulted in his death. Justice Christopher T. McGrath denied the defendants' post-trial motions on January 14, 2026, leaving the verdict intact. The defendants subsequently pursued an appeal before withdrawing it on July 10, 2026, without an appellate decision on the merits.
Henry Serrapica resided at South Shore Rehabilitation and Nursing Center in Freeport, Nassau County, New York, during 2018 and 2019. His medical history included diabetes, hypertension, heart disease, and previous kidney and pancreas transplants requiring immunosuppressant medication. During his residency, he developed multiple pressure ulcers affecting his heels, ankle, and other areas of his body. His family later alleged that nursing staff failed to provide adequate repositioning, wound care, nutritional support, and assistance with personal hygiene.
Henry Serrapica died on December 26, 2019, after receiving treatment at South Shore and other healthcare facilities. His estate alleged that inadequate nursing care contributed to pressure injuries, infections, malnutrition, and complications associated with his declining health. South Shore disputed these allegations, attributing his deterioration partly to existing medical conditions. The disagreement centered on whether the facility's nursing treatment caused or worsened his injuries and whether those injuries contributed to his death.
Matthew Serrapica, acting as administrator of his father's estate, filed a lawsuit in Nassau County Supreme Court against South Shore Rehabilitation and Nursing Center, South Shore Rehabilitation, LLC, and Mount Sinai South Nassau. The action, assigned Index No. 601695/2021, included claims involving medical malpractice, negligence, gross negligence, wrongful death, and violations of New York Public Health Law §§ 2801-d and 2803-c.
The estate alleged that the defendants failed to properly assess pressure injury risks, establish appropriate nursing care plans, and provide treatment consistent with accepted medical and nursing standards. Additional allegations concerned Serrapica's personal hygiene, dignity, medical documentation, and other protected nursing home resident rights.
The parties certified the case as ready for trial on June 30, 2023, and a note of issue was filed on September 19, 2023. The litigation involved disputes over pressure ulcer prevention, patient repositioning, wound assessments, nursing documentation, and compliance with nursing home residents' rights requirements.
Serrapica's estate sought damages for injuries allegedly resulting from negligent treatment and deprivation of protected rights. South Shore maintained that its nursing practices complied with accepted standards and did not cause the alleged injuries.
Acting Justice Rhonda E. Fischer denied South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC's motion for summary judgment, allowing the claims against them to proceed. The defendants submitted expert opinions from surgeon Dr. Norman Chideckel and nursing expert Diane Yastrub, who maintained that South Shore's care met accepted medical and nursing standards. In opposition, the plaintiff presented an expert affirmation from internal medicine physician Dr. Michael Finkelstein, who identified alleged deficiencies in pressure ulcer prevention, repositioning, wound treatment, nutritional support, and individualized care planning.
The court found unresolved factual questions concerning the adequacy of South Shore's treatment, whether departures from accepted standards caused Serrapica's injuries or death, and whether any deprivation of his protected rights involved willful or reckless conduct. These disputed issues remained for trial. The court also granted Mount Sinai South Nassau's unopposed motion for summary judgment, dismissing the claims against that defendant.
The jury trial began on June 17, 2025, with testimony addressing Serrapica's medical history, pressure injuries, nursing treatment, and living conditions at South Shore. Registered nurse Colleen Usherwood and internal medicine physician Dr. Michael Finkelstein testified for the plaintiff, identifying alleged deficiencies in repositioning schedules, wound assessments, nursing documentation, and care planning. Both maintained that Serrapica's condition required repositioning at least every two hours and criticized the facility's plan allowing repositioning every two to four hours.
Treating nurse Tiffany Butler also testified about her wound care responsibilities and lack of specialized wound care training while serving as Serrapica's primary wound care nurse for approximately six months. Her testimony became part of the dispute over whether nursing personnel possessed the skills necessary to manage his pressure injuries.
The defense presented nurse practitioner Diane Yastrub and surgeon Dr. Norman Chideckel, who challenged the plaintiff's conclusions about nursing negligence and medical causation. Yastrub explained that repositioning schedules should be based on individual patient needs and maintained that South Shore's practices were appropriate. Chideckel attributed Serrapica's deterioration partly to diabetes, cardiovascular disease, and immunosuppressant medication, disputing the claim that his pressure injuries caused his death.
Family members also testified about Serrapica's hygiene, clothing, personal possessions, and treatment during his residency. Their accounts formed part of the evidence concerning alleged violations of his protected resident rights.
On June 26, 2025, the jury returned a $5 million verdict against South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC. It found that negligent nursing care caused injuries to Serrapica and that the facility violated rights protected by federal nursing home regulations, supporting liability under New York Public Health Law § 2801-d.
The resident-rights findings concerned dignity, personal possessions, medical records, hygiene, pressure ulcer prevention, and nursing staff competencies. The jury also determined that the deprivation of protected rights resulted in Serrapica's death and involved willful or reckless conduct.
The damages consisted of:
$2 million for physical harm resulting from statutory resident-rights violations.
$1 million for death resulting from those violations.
$1 million for conscious pain and suffering caused by nursing negligence.
$1 million in punitive damages.
Although the jury determined that nursing negligence caused injuries, it did not find that the negligent nursing care was a substantial factor in causing Serrapica's death. Consequently, the separate negligence-based wrongful death claim did not produce a damages award. The award for his death arose from the statutory resident-rights findings.
Justice Christopher T. McGrath denied the defendants' post-trial motions under New York Civil Practice Law and Rules § 4404(a). South Shore sought to set aside the verdict, reduce the damages, or obtain a new trial, arguing that the evidence was insufficient and that portions of the award were excessive or duplicative.
In its January 14, 2026 decision, the court examined testimony from registered nurse Colleen Usherwood, Dr. Michael Finkelstein, treating nurse Tiffany Butler, and Serrapica's family. It concluded that the evidence supported the jury's findings concerning negligent nursing care and violations of protected resident rights. The conflicting expert opinions did not provide grounds to overturn the jury's conclusions.
The court also rejected South Shore's argument that the damages for statutory violations duplicated the award for nursing negligence. It distinguished the negligence claim from the cause of action under Public Health Law § 2801-d, which provides remedies for injuries resulting from the deprivation of protected resident rights. The statute also permits remedies that are cumulative with other available causes of action, including negligence.
The $1 million punitive damages award remained intact because the evidence supported the jury's finding of willful or reckless disregard for Serrapica's protected rights. South Shore further challenged the admission of a photograph showing his sacral pressure injury after death. The court determined that the photograph, taken at the hospital on the date of his death, was not an autopsy image and that its admission did not unfairly prejudice the defendants.
The ruling denied the requested relief and preserved the full $5 million verdict.
The New York Appellate Division, Second Department listed Serrapica v. South Shore Rehabilitation on its April 16, 2026, Civil Appeals Management Program calendar under appellate docket number 2026-00859.
The listing concerned an appeal arising from the Nassau County proceedings following the jury verdict and post-trial litigation. It documented the appeal's procedural status rather than a determination of the issues raised. No appellate decision on the merits of that identified appeal was issued before its withdrawal.
On July 10, 2026, the New York Appellate Division, Second Department granted an application by South Shore Rehabilitation and Nursing Center and South Shore Rehabilitation, LLC to withdraw their appeal.
The withdrawal was recorded in Matter of Applications to Withdraw Appeals, Cross Appeals, or Proceedings, 2026 NY Slip Op 72058(U), under appellate docket number 2026-00859. The court deemed the identified appeal withdrawn without costs or disbursements, ending that appellate proceeding without a decision on the merits.
The January 2026 trial court ruling remained undisturbed. The published appellate order did not establish whether the parties reached a settlement or whether the damages award had been paid.
Nurse Expert Witness – Colleen Usherwood – Plaintiff
Registered nurse Colleen Usherwood testified for the plaintiff about patient repositioning, pressure injury prevention, wound assessments, dressing selection, and nursing documentation. She identified deficiencies in South Shore's repositioning plan, questioned inconsistencies in its wound care records, and concluded that aspects of Serrapica's nursing treatment fell below accepted standards of care.
Wound Care Nursing Expert Witness – Diane Yastrub – Defense
Nurse practitioner Diane Yastrub, who held wound care certification and additional credentials in diabetes education, long-term care, and end-of-life care, testified for the defense about pressure ulcer prevention and nursing practices. She challenged the plaintiff's expert opinions, explaining that repositioning schedules should reflect individual patient needs and maintaining that South Shore provided appropriate nursing care.
Internal Medicine Expert Witness – Dr. Michael Finkelstein – Plaintiff
Dr. Michael Finkelstein, a board-certified internal medicine physician, testified for the plaintiff about pressure injury prevention, nutritional support, treatment planning, and medical causation. He identified deficiencies in repositioning practices and nursing care, concluding that inadequate treatment contributed to avoidable pressure injuries and related complications.
Surgery and Wound Management Expert Witness – Dr. Norman Chideckel – Defense
Dr. Norman Chideckel, a board-certified surgeon with additional board certification in wound management, testified for the defense about Serrapica's pressure injuries and medical history. He disputed the plaintiff's causation opinions, attributing Serrapica's declining health partly to diabetes, cardiovascular conditions, and immunosuppressant medication rather than the pressure injuries.
Pressure Ulcer Prevention and Nursing Standards of Care
Pressure injury prevention in nursing homes involves assessing residents' medical risks, developing individualized care plans, and providing appropriate repositioning, skin care, and wound treatment. Federal regulations under 42 CFR § 483.25 require nursing facilities to provide care consistent with professional standards to prevent pressure ulcers unless a resident's clinical condition demonstrates that they are unavoidable.
During the Serrapica trial, the plaintiff's experts maintained that his condition required repositioning at least every two hours. The defense disagreed with applying that interval as a fixed requirement, arguing that repositioning schedules should reflect each resident's individual medical needs.
Nursing Documentation and Patient Care Records
Nursing records document patient assessments, treatment plans, wound conditions, and care performed by nursing personnel. Accurate records also provide a basis for examining whether care was delivered according to the resident's treatment plan.
In Serrapica, the plaintiff's experts questioned the consistency and completeness of repositioning records, wound assessments, and treatment documentation. The jury considered these records alongside testimony describing South Shore's nursing practices and the care Serrapica received.
Nursing Staff Training and Wound Care Competency
Federal nursing home regulations under 42 CFR § 483.35 establish requirements for nursing services and staff competencies based on residents' needs. These provisions address the qualifications and skills necessary for nursing personnel to provide appropriate resident care.
Trial testimony in Serrapica addressed Tiffany Butler's lack of specialized wound care training while serving as Serrapica's primary wound care nurse for approximately six months. The plaintiff's experts criticized her preparation for those responsibilities and questioned the adequacy of the wound treatment provided.
New York Public Health Law § 2801-d and Nursing Home Residents' Rights
New York Public Health Law § 2801-d provides a civil cause of action for injuries resulting from the deprivation of nursing home resident rights established under applicable laws, regulations, or contracts. The statute permits compensatory damages for qualifying injuries and punitive damages when the deprivation involves willful or reckless disregard of lawful resident rights.
The statute also recognizes an affirmative defense when a facility establishes that it exercised all care reasonably necessary to prevent and limit the deprivation and resulting injury. Its remedies are cumulative with other available legal claims, including negligence.
In Serrapica, the jury found violations concerning dignity, personal possessions, hygiene, medical documentation, nursing services, and pressure ulcer prevention. Those findings supported separate statutory damages, which the trial court declined to reduce or set aside.
Nursing Negligence, Medical Causation, and Punitive Damages
Nursing negligence and statutory resident-rights claims involve distinct legal requirements for establishing liability and damages. A negligence claim examines whether the care departed from accepted standards and whether that departure caused injury. A claim under Public Health Law § 2801-d addresses injuries resulting from deprivation of protected resident rights.
The distinction appeared in the Serrapica verdict. The jury found that negligent nursing care caused injuries but was not a substantial factor in causing Serrapica's death. Separately, the jury determined that statutory resident-rights violations resulted in his death and involved willful or reckless conduct, supporting compensatory and punitive damages under § 2801-d.
The trial court rejected South Shore's argument that the separate awards were improperly duplicative.
The litigation in Serrapica v. South Shore Rehabilitation & Nursing Center resulted in a $5 million jury verdict based on negligent nursing care and violations of Henry Serrapica's protected resident rights. The jury reached different causation findings under the negligence and statutory claims, and the Nassau County Supreme Court declined to disturb those findings or reduce the damages in its January 14, 2026 ruling.
South Shore subsequently pursued appellate review but withdrew its identified appeal on July 10, 2026. The withdrawal ended appellate docket number 2026-00859 without a ruling on the merits, leaving the trial court's decision undisturbed.
What nursing standard of care violations were alleged in the Serrapica lawsuit?
The estate alleged inadequate patient repositioning, pressure ulcer prevention, wound treatment, nursing assessments, and documentation. The allegations also concerned individualized care planning, nutritional support, and the training of nursing personnel responsible for wound management.
Which nursing expert witnesses testified in the South Shore negligence trial?
Registered nurse Colleen Usherwood testified for the plaintiff, while nurse practitioner Diane Yastrub testified for the defense. Their testimony addressed pressure ulcer prevention, repositioning schedules, wound care, nursing documentation, and whether South Shore's treatment met accepted nursing standards.
Did the jury find that nursing negligence caused Henry Serrapica's death?
No. The jury determined that negligent nursing care caused injuries but was not a substantial factor in causing Serrapica's death. It separately found that violations of his protected nursing home resident rights, actionable under New York Public Health Law § 2801-d, resulted in his death.
How much did the jury award in Serrapica v. South Shore Rehabilitation?
The jury awarded $5 million, consisting of $4 million in compensatory damages and $1 million in punitive damages. The compensatory award included $2 million for physical harm and $1 million for death resulting from statutory resident-rights violations, plus $1 million for conscious pain and suffering caused by negligent nursing care.
What is the status of Serrapica v. South Shore Rehabilitation?
The Nassau County Supreme Court denied the defendants' post-trial motions on January 14, 2026, leaving the $5 million verdict intact. The defendants withdrew their identified appeal on July 10, 2026, ending appellate docket number 2026-00859 without a decision on the merits. The published records reviewed do not establish whether the damages award was paid or whether a settlement was reached.
Nurse Expert Witness – Colleen Usherwood – Plaintiff
Registered nurse Colleen Usherwood testified for the plaintiff about patient repositioning, pressure injury prevention, wound assessments, dressing selection, and nursing documentation. She identified deficiencies in South Shore's repositioning plan, questioned inconsistencies in its wound care records, and concluded that aspects of Serrapica's nursing treatment fell below accepted standards of care.
Wound Care Nursing Expert Witness – Diane Yastrub – Defense
Nurse practitioner Diane Yastrub, who held wound care certification and additional credentials in diabetes education, long-term care, and end-of-life care, testified for the defense about pressure ulcer prevention and nursing practices. She challenged the plaintiff's expert opinions, explaining that repositioning schedules should reflect individual patient needs and maintaining that South Shore provided appropriate nursing care.
Internal Medicine Expert Witness – Dr. Michael Finkelstein – Plaintiff
Dr. Michael Finkelstein, a board-certified internal medicine physician, testified for the plaintiff about pressure injury prevention, nutritional support, treatment planning, and medical causation. He identified deficiencies in repositioning practices and nursing care, concluding that inadequate treatment contributed to avoidable pressure injuries and related complications.
Surgery and Wound Management Expert Witness – Dr. Norman Chideckel – Defense
Dr. Norman Chideckel, a board-certified surgeon with additional board certification in wound management, testified for the defense about Serrapica's pressure injuries and medical history. He disputed the plaintiff's causation opinions, attributing Serrapica's declining health partly to diabetes, cardiovascular conditions, and immunosuppressant medication rather than the pressure injuries.
Pressure Ulcer Prevention and Nursing Standards of Care
Pressure injury prevention in nursing homes involves assessing residents' medical risks, developing individualized care plans, and providing appropriate repositioning, skin care, and wound treatment. Federal regulations under 42 CFR § 483.25 require nursing facilities to provide care consistent with professional standards to prevent pressure ulcers unless a resident's clinical condition demonstrates that they are unavoidable.
During the Serrapica trial, the plaintiff's experts maintained that his condition required repositioning at least every two hours. The defense disagreed with applying that interval as a fixed requirement, arguing that repositioning schedules should reflect each resident's individual medical needs.
Nursing Documentation and Patient Care Records
Nursing records document patient assessments, treatment plans, wound conditions, and care performed by nursing personnel. Accurate records also provide a basis for examining whether care was delivered according to the resident's treatment plan.
In Serrapica, the plaintiff's experts questioned the consistency and completeness of repositioning records, wound assessments, and treatment documentation. The jury considered these records alongside testimony describing South Shore's nursing practices and the care Serrapica received.
Nursing Staff Training and Wound Care Competency
Federal nursing home regulations under 42 CFR § 483.35 establish requirements for nursing services and staff competencies based on residents' needs. These provisions address the qualifications and skills necessary for nursing personnel to provide appropriate resident care.
Trial testimony in Serrapica addressed Tiffany Butler's lack of specialized wound care training while serving as Serrapica's primary wound care nurse for approximately six months. The plaintiff's experts criticized her preparation for those responsibilities and questioned the adequacy of the wound treatment provided.
New York Public Health Law § 2801-d and Nursing Home Residents' Rights
New York Public Health Law § 2801-d provides a civil cause of action for injuries resulting from the deprivation of nursing home resident rights established under applicable laws, regulations, or contracts. The statute permits compensatory damages for qualifying injuries and punitive damages when the deprivation involves willful or reckless disregard of lawful resident rights.
The statute also recognizes an affirmative defense when a facility establishes that it exercised all care reasonably necessary to prevent and limit the deprivation and resulting injury. Its remedies are cumulative with other available legal claims, including negligence.
In Serrapica, the jury found violations concerning dignity, personal possessions, hygiene, medical documentation, nursing services, and pressure ulcer prevention. Those findings supported separate statutory damages, which the trial court declined to reduce or set aside.
Nursing Negligence, Medical Causation, and Punitive Damages
Nursing negligence and statutory resident-rights claims involve distinct legal requirements for establishing liability and damages. A negligence claim examines whether the care departed from accepted standards and whether that departure caused injury. A claim under Public Health Law § 2801-d addresses injuries resulting from deprivation of protected resident rights.
The distinction appeared in the Serrapica verdict. The jury found that negligent nursing care caused injuries but was not a substantial factor in causing Serrapica's death. Separately, the jury determined that statutory resident-rights violations resulted in his death and involved willful or reckless conduct, supporting compensatory and punitive damages under § 2801-d.
The trial court rejected South Shore's argument that the separate awards were improperly duplicative.
The litigation in Serrapica v. South Shore Rehabilitation & Nursing Center resulted in a $5 million jury verdict based on negligent nursing care and violations of Henry Serrapica's protected resident rights. The jury reached different causation findings under the negligence and statutory claims, and the Nassau County Supreme Court declined to disturb those findings or reduce the damages in its January 14, 2026 ruling.
South Shore subsequently pursued appellate review but withdrew its identified appeal on July 10, 2026. The withdrawal ended appellate docket number 2026-00859 without a ruling on the merits, leaving the trial court's decision undisturbed.
What nursing standard of care violations were alleged in the Serrapica lawsuit?
The estate alleged inadequate patient repositioning, pressure ulcer prevention, wound treatment, nursing assessments, and documentation. The allegations also concerned individualized care planning, nutritional support, and the training of nursing personnel responsible for wound management.
Which nursing expert witnesses testified in the South Shore negligence trial?
Registered nurse Colleen Usherwood testified for the plaintiff, while nurse practitioner Diane Yastrub testified for the defense. Their testimony addressed pressure ulcer prevention, repositioning schedules, wound care, nursing documentation, and whether South Shore's treatment met accepted nursing standards.
Did the jury find that nursing negligence caused Henry Serrapica's death?
No. The jury determined that negligent nursing care caused injuries but was not a substantial factor in causing Serrapica's death. It separately found that violations of his protected nursing home resident rights, actionable under New York Public Health Law § 2801-d, resulted in his death.
How much did the jury award in Serrapica v. South Shore Rehabilitation?
The jury awarded $5 million, consisting of $4 million in compensatory damages and $1 million in punitive damages. The compensatory award included $2 million for physical harm and $1 million for death resulting from statutory resident-rights violations, plus $1 million for conscious pain and suffering caused by negligent nursing care.
What is the status of Serrapica v. South Shore Rehabilitation?
The Nassau County Supreme Court denied the defendants' post-trial motions on January 14, 2026, leaving the $5 million verdict intact. The defendants withdrew their identified appeal on July 10, 2026, ending appellate docket number 2026-00859 without a decision on the merits. The published records reviewed do not establish whether the damages award was paid or whether a settlement was reached.
Bedsores
Ulcers
Nurse Liability
Nursing
Registered Nurse
Rehabilitation Nursing
Elder Care
Medical Records Review
Medical Devices, +4
Healthcare
Healthcare, +4
Healthcare