no wonder city on tickets blitz after keep settling huge lawsuits
City Settles Lawsuit With Patients Evacuated From Nursing Home
JUNE 02ND, 2003
Five years after hundreds of elderly and disabled patients were evacuated from a Queens nursing home in the middle of the night, the city has agreed to settle a lawsuit for $5 million.
In September of 1998, the 300 residents of the Neponsit Health Care Center were transferred to other facilities, because the city said buildings on the campus were in danger of collapsing after a storm. But the patients were not given prior notice, and their relatives were left scrambling to find out what happened to them.
?It was traumatizing,? said Brenda Tripp, whose mother was moved to a home on Randall?s Island. ?I saw it on the news. I had no idea. I began to call places. I was busy at work, trying to call places to figure out exactly what happened to my mom. It took me two weeks to find her.?
?The patients didn't understand where they were going,? said Janie McKenzie, the daughter of a patient. ?Their stuff was in bags, the little that they could take with them was in bags and they were running around disoriented, they didn't know what was going on, neither did I for that matter.?
A lawsuit was filed in the next month, accusing the city of violating the patients? constitutional right to due process. A settlement was announced outside Manhattan Federal Court on Monday.
?Each resident will get $18,000,? said April Newbauer, an attorney for the Legal Aid Society. ?In the case of residents who are now deceased, their estate or family members will be able to collect that compensation. As the family members themselves said, this is not about the money; this is about what happened to those people.?
In addition to monetary damages, the city agreed to give advance notice and follow a specific protocol when transferring patients from any nursing home with 100 patients or more.
?The major part of the settlement is making sure notice is given to family members and proper agencies so that the city can't once again traumatize so many people,? Newbauer continued.
Neponsit has remained closed, but the buildings are still standing.