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Duffy & Duffy Law Firm Seeks to Hold Nursing Homes Responsible for COVID-19 Deaths

Firm Argues Facilities Failed to Properly Train Staff in Infection Control and Emergency Preparedness as Required by NYS and Federal Laws

UNIONDALE, NEW YORK — Duffy & Duffy, PLLC has announced the first of a series of lawsuits being filed against New York nursing homes on behalf of the families of residents who died as a result of the coronavirus.

The lawsuits claim the defendant nursing home facilities violated the New York State Public Health Law by failing to adequately train their staff on protocols regarding infection control and emergency preparedness. Even before the coronavirus was discovered, state and federal regulations mandated nursing homes be prepared for viral outbreaks.  But back in February, the facilities were specifically warned by the New York State Department of Health about the coming coronavirus pandemic.  Unfortunately, they still failed to prepare for it. The lawsuits go on to say that the nursing homes willfully and/or recklessly violated the residents’ rights to be informed of any significant changes to their loved one’s health and of any care and treatment they receive that may affect the residents’ well-being.

The 2016 Centers for Medicare and Medicaid Services (CMS) Final Rule and its accompanying 2019 memorandum required nursing home facilities to implement an infection prevention and control program and hire an infection preventionist to oversee the program, but the facilities willfully failed to do so, resulting in the preventable deaths of residents. Although nursing homes were granted immunity during the coronavirus pandemic, the firm contends that the facilities are responsible for the injuries caused due to the reckless misconduct and willful gross negligence of the nursing home administration and staff in failing to comply with public health regulations.

The state’s nursing homes were granted immunity from legal liability as part of the Emergency or Disaster Treatment Protection Act that was signed into law by Governor Andrew Cuomo on April 2. According to reports, the Greater New York Hospital Association — an industry group that gave $3 million to the campaigns of Governor Cuomo and state Democratic politicians — drafted the legal protections put into the bill.

The firm is seeking to overcome the immunity issue by arguing that the State Health Department issued its warning before the legal protections were granted; the facilities enjoyed the immunity at the expense of the residents’ health; and such protections do not protect the nursing homes from reckless or willful gross negligence.

Research from The New York Times shows that 21% of all COVID-19 related deaths statewide were at nursing homes. Infections and deaths at nursing homes varied widely — of the 452 nursing homes in New York State, 21 had no deaths, and 110 had only one or two deaths as of June 29, according to the state Health Department. These numbers suggest that protocols and preventative measures varied widely among nursing home facilities in the state.

Those nursing homes that complied with state law and had adequate measures in place when the pandemic occurred were more effective in dealing with the outbreak.  On the other hand, the facilities that failed to appropriately prepare and implement these safety rules caused avoidable deaths in large numbers:

Nursing Home County Confirmed/Suspected COVID-19 Related Deaths
Kings Harbor Bronx 59
St. Patrick’s House Bronx 40
The Citadel Bronx 55
The Plaza Bronx 37
Throgs Neck Rehab Bronx 37
Absolut Center Erie 36
Fiddlers Green Erie 65
Bensonhurst Center Kings 36
Cobble Hill Center Kings 56
Haym Solomon Kings 46
Menorah Home Kings 62
The Phoenix Kings 61
Cold Spring Hills Nassau 35
Fulton Commons Nassau 40
Meadowbrook Nassau 38
The New Jewish Westchester 50
LI Veterans Home Suffolk 71
Gurwin Jewish Suffolk 50
Carillon Nursing Suffolk 44
Carmel Richmond Richmond 59
Clove Lakes Richmond 40
Parker Jewish Queens 80
Ozanam Queens 62
Holliswood Queens 58
The Valley View Orange 34
Amsterdam New York 58
The New Jewish New York 58
The Riverside New York 61
Isabella Geriatric New York 68

 

“These facilities were reckless because they had the opportunity to prepare themselves for the coronavirus pandemic, but failed to put the necessary systems in place,” said Damien Smith, Esq. of Duffy & Duffy, PLLC. “The State Health Department told these facilities in February to get ready for this wave, and they made the decision not to prepare. Their collective failure to create and implement infection control procedures as required by the Public Health Law is another reason these nursing homes should not have been afforded the legal protections they enjoyed during the pandemic. These facilities not only made it unsafe for their residents, but they fostered a dangerous environment for their own employees.”

For more information, call (516) 394-4200 or visit www.duffyduffylaw.com.

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About Duffy & Duffy Law

Based in Uniondale, New York, Duffy & Duffy Law offers solid legal counsel and representation to people who have suffered from negligence and medical malpractice. The firm advocates for patients of negligent physicians and nurses throughout New York, shed light on uninsurable doctors who continued practicing and held insurance companies accountable for dictating patients’ course of treatment, leading to tragic outcomes. Duffy & Duffy Law serves injured individuals throughout Nassau, Suffolk, and Kings Counties, as well as the Bronx, Queens and other areas of New York. For more information, call (516) 394-4200 or visit www.duffyduffylaw.com.

Oresky & Associates, pllc Unites with Together We Can Community Resource Center Inc., La Jornada, and The Queens Museum in Providing Food to 1,000 Families in Corona through a New Pop-Up Pantry in the Heart of Corona

The COVID-19 pandemic has hit New York City very hard, particularly in Corona in western Queens, making it difficult for families who are quarantined with the virus, and for those who have lost their jobs to put food on the table and buy groceries.

We are excited to announce that Together We Can and La Jornada have established a Food Pantry at the Queens Museum that is now open. Oresky and Associates, pllc, which was incredibly supportive throughout the month of May in efforts to help feed and sustain Corona families, will be supporting this important endeavor.

Black, Brown, and immigrant communities have been disproportionately impacted by COVID-19 across the country. Just next door to The Queens Museum, the largely immigrant communities living in Corona have faced devastating loss and food insecurity due to unemployment and unequal access to resources and government assistance. In order to help alleviate the demand on existing food pantries and relief efforts in Corona, this new pantry will serve 1,000 families weekly on Wednesdays, distributing a week’s worth of fresh and nonperishable food items.

Anyone interested in supporting the food pantry by volunteering is asked to contact Together We Can by email at togetherwecanrc@gmail.com.

For families living in the 11368 Zip Code in Corona interested in receiving food, please email at togetherwecanrc@gmail.com

For more information, visit www.togetherwecanrc.org. For more information on Oresky & Associates, pllc, visit www.oreskylaw.com.

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Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP Awards Community Service Scholarship to Riverhead High School Senior

RIVERHEAD, NEW YORK — On June 17, the 2020 Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP Community Service Scholarship recipient was announced during Riverhead High School’s virtual Awards Ceremony. This year’s winner was Elizabeth Buckley.

 

Elizabeth had overcome a great personal loss while still excelling in school, and spent her spare time during her academic career volunteering. She served as a Historian of the Key Club, Treasurer of Students Against Drunk Driving, a Member of the cheerleading team and a featured dancer for the Riverhead Blue Masques, among other activities. In addition, she committed over 160 hours of service on a mission trip to Haiti with her local church.

 

Twomey Latham places a significant focus on the community and charitable service and awards this scholarship to graduating high school seniors who share that focus.

 

Elizabeth was awarded $1,000 to help with college expenses.

 

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

 

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About Twomey Latham

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Steven Mitchell Sack Comments on Employees’ Rights to Refuse to Wear a Face Mask

NEW YORK, NEW YORK — In New York, many lockdown restrictions have been lifted, allowing businesses to reopen. One of the conditions, however, is that employees are required to wear face masks at work if social distancing among co-workers is not possible. But what if an employee returns to work but refuses to wear a face covering? Steven Mitchell Sack, “The Employee’s Lawyer,” says wearing a mask should be part of a worker’s routine when they go back to work.

“This isn’t an employee rights issue, it’s a health and safety issue,” Mr. Sack says. “Employees must prove that they cannot wear a mask because of religious reasons or medical issues that may affect their breathing. If someone returns to the workplace and refuses to wear a mask without a legal reason, then the worker may potentially face termination.”

Mr. Sack says he understands that companies want to keep their employees safe, but he added that workers who do not wear protective face coverings due to religious or health protections should not be subject to harassment by supervisors or other employees. “Even with the COVID-19 pandemic, co-workers or managers cannot single out an employee based on their religious beliefs or existing medical conditions,” he says. “If you believe you are facing harassment or discrimination as a result, consult an employment law attorney immediately.”

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer®,” has been enforcing workplace rights of employees, executives, and sales representatives for more than 39 years. He is a practicing attorney concentrating in employment law, as well as an author of 19 books, a lecturer and syndicated radio talk show host. Together with attorney Scott A. Lucas, they obtained a $6.2 million injury verdict in 2015 on behalf of three pregnant employees, as well as a favorable Court of Appeals decision for a group of waiters who were denied their fair share of tips that were withheld by a caterer. For more information, visit www.theemployeeslawyer.com.

Frederick K. Brewington, Esq. Available to Comment on Qualified Immunity and New York State Legislature’s Repeal of 50-a

HEMPSTEAD, NY — Frederick K. Brewington, Esq., a civil rights attorney and Principal of The Law Offices of Frederick K. Brewington, is available to comment on the U.S. Supreme Court’s upcoming arguments on the “qualified immunity” doctrine and the New York State Legislature’s approval to repeal the 50-a statute.

 

The justices of the United States Supreme Court are scheduled to argue the merits of the “qualified immunity” doctrine on June 11. The doctrine asked if a police officer used excessive force and if their conduct was illegal because it was in violation of a “clearly established” court ruling on the books that barred police from acting in that manner. The Court established this doctrine to protect police departments from frivolous lawsuits and to allow a margin of error in certain situations in which split-second decisions were made.

 

“Many of these police brutality lawsuits were dismissed by the courts because there was no prior factual basis that was established showing these officers were in the wrong,” Mr. Brewington says. “What the doctrine does is protect the officers who commit heinous acts like what Officer Chauvin did to Mr. Floyd. It allows the brutality and systemic racism that is practiced by these officers to perpetuate.”

 

Mr. Brewington praised the New York State Legislature for passing a bill repealing 50-a, which sealed the disciplinary records of police officers who were involved in misconduct. The repeal allows for the viewing of records of not only police officers, but of firefighters and correction officers as well. Governor Andrew Cuomo said he will sign the bill into law.

 

“I am glad to see that the state Legislature is allowing the records of police officers with disciplinary problems to be made public,” Mr. Brewington says. “For far too long, they have been protected from scrutiny while being allowed to continue to act unprofessionally. Hopefully, this repeal will force local police departments to engage with minorities in a more respectful manner and remove those who believe they are above the law.”

 

For more information, call (516) 489-6959 or visit www.brewingtonlaw.com.

 

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About The Law Offices of Frederick K. Brewington

The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full-service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice. It is the largest African-American-owned law firm on Long Island and has been designated by the New York Law Journal as one of the top minority-owned firms in the state of New York. For more information, call (516) 489-6959 or visit www.brewingtonlaw.com.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Awards Community Service Scholarship to East Hampton High School Seniors

East Hampton, NY: On Thursday, May 28, the 2020 Twomey, Latham, Shea,
Kelley, Dubin and Quartararo LLP Community Service Scholarship recipients
were announced during East Hampton High School’s virtual Awards Ceremony. The year’s winners are Alfredo Chavez Jr. and Samantha Totten.

Alfredo has dedicated nearly 700 hours of community service. He is President of East Hampton High School’s Century Club having volunteered his time at the Springs Food Pantry, East Hampton Food Pantry, and Project Most, an extracurricular enrichment program for children in Kindergarten through Grade 8. In addition to his dedication to service, Alfredo has been actively involved in community theater programs and musical competitions locally, in which he has received many awards and recognition for his musical talents. Teachers enjoyed having Alfredo in their classes. “He is a curious learner who radiates the class atmosphere with enthusiasm. He has a big heart and is always helping to motivate his peers.” Alfredo is a first-generation college bound student who plans to pursue a career in financial planning. This fall Alfredo will be attending Suffolk County Community College.

Samantha has found community service to be a fun opportunity to give back to the community. She began volunteering in 6th grade, participating with various organizations to help people of all ages. Samantha was inducted into East Hampton High School’s Century Club her sophomore year and has accumulated nearly 650 hours of community service across a variety of organizations. Under her leadership, Samantha’s class has become the highest fundraising class in East  Hampton’s history. Samantha is a member of the National Honor Society, World Language Honor Society, Member of Hamptons Music Educators Society, and Key Club, a Kiwanis sponsored school sanctioned club dedicated to improving the community. Named Leader of the Year for her work and service to the East Hampton Library, Samantha has served as its president for the past two years. In
addition to her academics, character, leadership, and public service, Samantha is especially passionate about preserving the quality of our local waters and other environmental threats. This fall Samantha will be attending Binghamton University.

Alfredo and Samantha were each awarded $1,000 to help with college expenses.

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Attorney Lauren P. Raysor Picks up Endorsement from CSEA in Her Campaign for Mount Vernon Public Library Trustee

MOUNT VERNON, NEW YORK — Attorney Lauren P. Raysor has announced that she has been endorsed by the Civil Service Employees Association in her run for Trustee of the Mount Vernon Public Library along with Andrea Fobbs.

Ms. Raysor, who is running for one of two open seats along with Ms. Fobbs, has been a public servant throughout her career. During her legal career, she has taken more than 35 cases to verdict and has argued before the Appellate Division. In addition, she is the author of Living The Wealthy Life, which was dedicated to youth seeking positive direction.

“The Mount Vernon Library’s current board of trustees has created serious disruptions in library operations and services and undermined the morale of the staff,” said Gary Newman, the library’s Union President. “The CSEA has endorsed Lauren Raysor for Trustee, along with Andrea Fobbs, because they believe they are best equipped to restore the library’s primary commitment to the community.”

“The decision to endorse Lauren and Andrea was an easy one,” said Anthony Adamo, CSEA Southern Region President. “We look forward to working with both once they’re elected as partners, to ensure the library remains a gem for our Mount Vernon residents.”

“I wish to thank CSEA for their support in my race for Library Trustee,” Ms. Raysor said. “This is a very important endorsement. I am very proud to serve the community and I ask for your vote as Trustee.”

Ms. Fobbs is running on Row 1B and Ms. Raysor on Row 5B. Voting will take place by absentee ballot only by June 9, 2020 at 5 p.m.

For more information, call (914) 733-8080 or visit www.laurenpraysor.com.

Together We Can Community Resource Center Inc. Delivers Groceries from Oresky &Associates, pllc to Over 200 Families in Corona

Food Distribution Event Kicks off Partnership between Law Firm and Nonprofit Group

On May 9, twenty volunteers from Together We Can Community Resource Center Inc. (TWC) departed from the Queens Museum at Flushing Meadow Corona Park to distribute groceries to more than 200 families in the western Queens community of Corona who have been impacted by the coronavirus.

In an effort to assist these families, TWC recently announced that Oresky & Associates, pllc joined in its battle to fight hunger and assist the Corona community through this difficult time by filling its food banks with groceries for those who are in need. After learning that the Center did not have funding for the month of May, Jacob Oresky, Founder and Managing Attorney, Oresky & Associates, pllc, volunteered to stock the food bank with groceries for these families. As an attorney, Mr. Oresky has represented many members of the Corona community for the past 25 years.

TWC is a 501(c)(3), volunteer-led nonprofit that services the residents of Jackson Heights, Elmhurst and Corona with the mission to empower New York residents by linking them to community resources and providing educational opportunities. The group assists with SNAP enrollment, transportation assistance, job placements, resources and referrals, youth empowerment, parent support and more.

For more information, visit www.togetherwecanrc.org. For more information on Oresky & Associates, pllc, visit www.oreskylaw.com.

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* Photo is attached.

Volunteers from Together We Can Community Resource Center Inc. pose with the bags of groceries provided from the law firm Oresky & Associates, pllc before leaving from the Queens Museum and distributing them to more than 200 families in the western Queens community of Corona on May 9.

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* Photo is attached.

Tanya Hobson-Williams Supports Governor Cuomo’s 60-Day Extension of Eviction Moratorium

JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says New York State Governor Andrew Cuomo’s announcement allowing the moratorium on evictions to be extended another 60 days will give tenants the additional protection they need and alleviates any worries of having to live elsewhere if they could no longer afford to pay the rent.

The moratorium was supposed to end on June 20, 2020 but, on May 7, 2020, Governor Cuomo announced that it will be extended until August 20, 2020. This means that apartment renters will not be thrown out or assessed late fees for nonpayment of rent during the moratorium. In addition, renters who fall behind on their payments may use the money from their security deposits, which can be repaid over time. The purpose of the extension is to give tenants more time to stay in their apartments during the coronavirus pandemic without worrying about making rent payments.

“While we are hopeful that landlords will also be provided relief from mortgage and other payments related to their properties, I applaud Governor Cuomo for allowing residents living in their apartments to stay for an additional amount of time,” Ms. Hobson-Williams says. “Many renters no longer have the money to pay the rent and, further, they do not know if and when they will be able to go back to work. This extension provides the relief the tenants need.”

Many landlords may try to force out tenants for nonpayment during this time, but Ms. Hobson-Williams says that should not be allowed to happen. “If your rights as a tenant are being violated by an unscrupulous landlord, please contact a landlord-tenant attorney immediately,” she says.

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, and law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

Blodnick Fazio & Clark Says New York Businesses Need to be Legally Protected from Impending Lawsuits Related to Coronavirus

Thomas R. Fazio, Partner, Blodnick Fazio & Clark, says New York State Governor Andrew Cuomo should afford all businesses in the state the same protections that hospitals and doctors received against frivolous lawsuits during the coronavirus pandemic. He also says there are federal and state lawsuits being filed elsewhere and legal action can destroy small businesses that have already seen a loss of income during the lockdown.

 

In March, Governor Cuomo enacted an executive order that protected hospitals and doctors from lawsuits as they continue to treat patients with the coronavirus. As part of the order, plaintiffs must prove incidences of either gross negligence or an egregious deviation from the standard of care. Now, 19 business groups have signed a letter with the Lawsuit Reform Alliance of New York asking the governor to protect them from any legal action that they may face as a result of the pandemic.

 

Some of the groups include the Real Estate Board of New York, the New York City Hospitality Alliance and the Partnership for New York City. Of these 19 organizations, five of them are part of the governor’s New York Forward Advisory Board, which provides guidance on reopening the state.

 

“I am urging the governor to protect the companies in our state during this time,” Mr. Fazio says. “Already, they are seeing a flood of lawsuits filed by their employees over poor working conditions. This lockdown has resulted in many businesses closing their doors; those that remain open are struggling to do so. Frivolous legal action might result in a complete shutdown of every shop, restaurant and corporation in New York State.”

 

Mr. Fazio says companies can implement preventive measures in the workplace to avoid facing litigation. “Some commonsense steps businesses can take include insisting that employees, vendors and customers follow social distancing guidelines, wear personal protective equipment and clean the premises as often and as thoroughly as possible,” he says. “If you believe you are facing a lawsuit in the future, contact a commercial litigation attorney as soon as possible to start compiling your defense.”

 

For more information, call (516) 280-7105, or visit www.bfclaws.com.

 

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About Blodnick Fazio & Clark

Blodnick Fazio & Clark is a boutique law firm specializing in handling complex litigation, corporate formations, structure and finance; construction law; medical professional licensing, corporate practice of medicine issues; real estate law; arbitration and mediation; matrimonial law; employment law; and municipal and school law. Its staff of attorneys has more than 100 years of combined experience and is admitted to practice in the Courts of New York, New Jersey and Florida, including the Eastern and Southern District Courts of New York; New Jersey federal courts; the Federal Court of Claims; the First, Second, Fourth and Federal Circuit Courts; and the U.S. Supreme Court. The firm has locations in Garden City and Babylon, New York. For more information, call (516) 280-7105, or visit www.bfclaws.com.

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