Preview
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ROBERT P. CLARK,as Administrator
of the Estate of
SHARON M.CLARK,Deceased
6022 Thomwood Drive
Hamburg,New York 14075_
Plaintiff
SUMMONS
-vs-
AUTUMN VIEW HEALTH CARE FACILITY
S 4650 Southwestern Boulevard
Hamburg,New York 14075,
AUTUMN VIEW HEALTH CARE FACILITY,LLC
S 4650 Southwestern Boulevard
Hamburg,New York 14075,
THE MCGUIRE GROUP,INC.
560 Delaware Avenue
Suite 400
Buffalo, New York 14202,
VESTRA SPVl,LLC
230 Hilton Avenue, Suite 4
Hempstead,New York 11550,
VESTRA SPV2,LLC
10 E. Merrick Road, Suite 305
Valley Stream, New York 11580,
BUFFALO GENERAL MEDICAL CENTER
100 High Street
Buffalo, New York 14203,
KALEIDA HEALTH
726 Exchange Street
Buffalo, New York 14210,
Defendants
TO THE ABOVE-NAMED DEFENDANTS:
1 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs
attorneys, at their address stated below, an Answer to the attached Complaint.
If this Summons was personally served upon you in the State of New York, the
Answer must be served within twenty (20)days after such service of the Summons,
excluding the date of service. If the Summons was not personally delivered to you within
the State of New York, the Answer must be served within thirty (30) days after service of
the Summons is complete as provided by law.
If you do not serve an Answer to the attached Complaint within the applicable
time limitation stated above, a judgment will be entered against you, by default, for the
relief demanded in the Complaint, without further notice to you.
The Plaintiff designates Erie County as the place of trial. The basis of venue is the
residence address of the Plaintiff which is 6022 Thomwood Drive, Hamburg, New York
14075.
DATED: Buffalo, New York Yours, etc.
April 7, 2021
A
By:
ML L A. lACONO,ESQ.
John J. Froklen, Attorneys at Law, P.C.
Attorneys for Plaintiffs
Office & Post Office Address
4367 Harlem Road
Snyder, New York 14226
(716)855-1222
-2-
2 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ROBERT P. CLARK,as Administrator
of the Estate of
SHARON M.CLARK,Deceased
Plaintiff COMPLAINT
-vs~
AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC,
THE MCGUIRE GROUP,INC.,
VESTRA SPVl, LLC,
VESTRA SPV2, LLC,
BUFFALO GENERAL MEDICAL CENTER,
KALEIDA HEALTH
Defendants
The Plaintiff, complaining ofthe Defendants, by JOHN J. FROMEN,
ATTORNEYS AT LAW,P.C., their attorneys, allege:
FIRST: That at all times hereinafter mentioned the PlaintilT was and still is a
resident ofthe County of Erie and State of New York.
SECOND: That at all times hereinafter mentioned the Decedent, SHARON M.
CLARK, was a resident ofthe County of Erie and State of New York.
THIRD: That the Decedent, SHARON M. CLARK,died on April 11, 2019.
3 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
FOURTH: That on July 19, 2019 Letters of Administration ofthe Estate of
SHARON M.CLARK were issued to the Plaintiff herein, ROBERT P. CLARK, by the
Surrogate’s Court ofthe County of Erie.
FIFTH: That upon infonnation and belief and at all times hereinafter mentioned
the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, was and still is a nursing
home facility and/or corporation organized under and by virtue of the laws ofthe State of
New York, with offices for the transaction of business located at S 4650 Southwestern
Bouelvard in the Town of Hamburg, County of Erie and State of New York.
SIXTH: That upon infonnation and belief and at all times hereinafter mentioned
the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, LLC, was and still is a
domestic limited liability company organized under and by virtue of the laws of the State
of New York, with offices for the transaction of business located at S 4650 Southwestern
Bouelvard in the Town of Hamburg, County of Erie and State of New York.
SEVENTH: That upon information and belief and at all times hereinafter
mentioned the Defendant, THE MCGUIRE GROUP,INC., was and still is a domestic
business corporation organized under and by virtue of the laws of the State of New York,
with offices for the transaction of business located at 560 Delaware Avenue, Suite 400, in
the City of Buffalo, County of Erie and State of New York.
EIGHTH: That upon information and belief and at all times hereinafter
mentioned the Defendant, VESTRA SPVl, LLC, was and still is a domestic limited
liability company organized under and by virtue of the laws ofthe State of New York,
-2-
4 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
with offices for the transaction of business located at 230 Hilton Avenue, Suite 4 in the
Town of Hempstead, County of Nassau and State of New York.
NINTH: That upon information and belief and at all times hereinafter mentioned
the Defendant, VESTRA SPV2, LLC, was and still is a domestic limited liability
company organized under and by virtue ofthe laws of the State of New York, with
offices for the transaction of business located at 10 E. Merrick Road, Suite 305 in the
Village of Valley Stream, County ofNassau and State of New York.
TENTH: That upon information and belief and at all times hereinafter mentioned
the Defendant, BUFFALO GENERAL MEDICAL CENTER, was and still is a hospital
organized and operating pursuant to the laws ofthe State of New York and conducting
business at 100 High Street in the City of Buffalo, County of Erie and State of New York.
ELEVENTH: That upon information and belief and at all times hereinafter
mentioned the Defendant, KALEIDA HEALTH, was and still is a domestic not-for-profit
corporation, organized under and by virtue ofthe laws of the State of New York, with
offices for the transaction of business located at 726 Exchange Street in the City of
Buffalo, County of Erie and State of New York.
TWELFTH: Upon information and belief and at all times hereinafter mentioned,
Defendant, AUTUMN VIEW HEALTH CARE FACILITY,LLC, owned, supervised,
operated, managed, directed, administered, inspected, controlled and/or assumed
responsibility for the nursing home facility doing business as the Defendant, AUTUMN
VIEW HEALTH CARE FACILJTY, located at S 4650 Southwestern Bouelvard in the
-3-
5 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
Town of Hamburg, County of Erie and Stale of New York, including its agents, servants,
employees, appointees, designees and/or other resident care personnel.
THIRTEENTH: That upon information and belief and at all times hereinafter
mentioned, the Defendant, THE MCGUIRE GROUP,INC., owned, supervised, operated.
managed, directed, administered, inspected, controlled and/or assumed responsibility for
the nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH
CARE FACILITY,located at S 4650 Southwestern Bouelvard in the Town of Hamburg,
County of Erie and State of New York, including its agents, servants, employees.
appointees, designees and/or other resident care personnel.
FOURTEENTH: That upon information and belief and at all times hereinafter
mentioned, the Defendant, VESTRA SPV1,LLC, owned, supervised, operated, managed,
directed, administered, inspected, controlled and/or assumed responsibility for the
nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH
CARE FACILITY, located at S 4650 Southwestern Bouelvard in the Town of Hamburg,
County of Erie and State of New York, including its agents, servants, employees,
appointees, designees and/or other resident care personnel.
FIFTEENTH: That upon information and belief and at all times hereinafter
mentioned, the Defendant, VESTRA SPV2, LLC, owned, supervised, operated, managed.
directed, administered, inspected, controlled and/or assumed responsibility for the
nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH
CARE FACILITY, located at S 4650 Southwestern Bouelvard in the Town of Hamburg,
-4-
6 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
County of Erie and State of New York, including its agents, servants, employees.
appointees, designees and/or other resident care personnel.
SIXTEENTH: That upon information and belief and at all times hereinafter
mentioned, the Defendant, KALEIDA HEALTH,owned, supervised, operated, managed,
directed, administered, inspected, controlled and/or assumed responsibility for the
Defendant, BUFFALO GENERAL MEDICAL CENTER,including its agents, servants.
employees, appointees, designees and/or other resident care personnel.
SEVENTEENTH: That upon information and belief and at all times hereinafter
mentioned and on and prior to April 11,2019, the Defendants, AUTUMN VIEW
HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY, LLC,
THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC,
BUFFALO GENERAL MEDICAL CENTER,and KALEIDA HEALTH, were
participants in Medicaid and Medicare programs, and as such, were required to be in
compliance with the federal requirements for long-term care as prescribed in the U.S.
Code of Federal Regulations, 42 CFR §483.
EIGHTEENTH: That on or about March 9, 2019 the Decedent, SHARON M.
CLARK, was admitted as a patient of the Defendants, BUFFALO GENERAL
MEDICAL CENTER and KALEIDA HEALTH, where she underwent spinal surgery and
remained as a patient through March 20, 2019.
NINETEENTH: That on or about March 20, 2019 the Decedent, SHARON M.
CLARK, was transferred from the BUFFALO GENERAL MEDICAL CENTER to the
Defendants’ nursing home facility, AUTUMN VIEW HEALTH CARE FACILITY,
-5-
7 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and
State of New York, where she remained as a patient through April 3, 2019.
TWENTIETH: That on or about April 3, 2019 the Decedent, SHARON M.
CLARK, was transferred from the Defendants' nursing home facility, AUTUMN VIEW
HEALTH CARE FACILITY, back to the BUFFALO GENERAL MEDICAL CENTER
where she remained as a patient of the Defendants, BUFFALO GENERAL MEDICAL
CENTER and KALEIDA HEALTH, until her death on April 11, 2019.
TWENTY-FIRST: That the decedent, SHARON M. CLARK,died leaving her
surviving a husband,the Plaintiff herein, ROBERT P. CLARK, and two children, to wit,
Richard Clark and Sharon Contreau. That following the death of said Decedent, Letters
of Administration upon the estate of said Decedent, SHARON M. CLARK, were issued
to the Decedent's surviving spouse, ROBERT P. CLARK,on the 19^’’ day of July, 2019.
TWENTY-SECOND: The above-entitled action, and each cause of action alleged
herein, falls within one or more ofthe exceptions set forth in CPLR §1602 and.
specifically, subsection 2, 7, and 11 thereof.
-6-
8 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
AS AND FOR A FIRST.SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS,
AUTUMN VIEW HEALTH CARE FACILITY.
AUTUMN VIEW HEALTH CARE FACILITY,LLC.
THE MCGUIRE GROUP.INC. VESTRA SPVU LLC
AND VESTRA SPV2, LLC,THE PLAINTIFF
ALLEGES:
TWENTY-THIRD: Repeats and realleges each and every allegation contained in
paragraphs numbered “FIRST” through “TWENTY-SECOND” inclusive, ofthe
Plaintiff’s Complaint herein as though fully set forth at length herein.
TWENTY-FOURTH: That upon information and belief and at all times
hereinafter mentioned the Defendants, AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC.,
VESTRA SPVl, LLC and VESTRA SPV2, LLC, either singularly or collectively, agreed
to provide nursing home services to the Plaintiffs Decedent, SHARON M. CLARK, at
the AUTUMN VIEW HEALTH CARE FACILITY.
TWENTY-FIFTH: That the Plaintiffs Decedent. SHARON M. CLARK, was
admitted to and was a resident ofthe Defendants’ nursing home facility, AUTUMN
VIEW HEALTH CARE FACILITY,from March 20, 2019 through April 3, 2019.
TWENTY-SIXTH: That upon information and belief, and from March 20, 2019
through April 3, 2019 the Defendants, AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC.,
-7-
9 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
VESTRA SPVl, LLC and/or VESTRA SPV2,LLC,their agents, servants, employees,
appointees, designees, nurses, aides and/or other resident care personnel, were negligent.
careless and reckless in their care, treatment, supervision, control and monitoring of, and
thereby caused injury to, the Plaintiffs Decedent, SHARON M. CLARK.
TWENTY-SEVENTH: That as a result ofthe negligence, carelessness and
recklessness of the Defendants, AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC,THE MCGUIRE GROUP,INC.,
VESTRA SPVl, LLC, VESTRA SPV2, LLC,each ofthem individually, in combination.
and/or through their agents, servants, employees, appointees, designees, nurses, aides
and/or other resident care personnel, the Plaintiffs Decedent, SHARON M. CLARK,
was caused to suffer and did suffer severe and painful bodily injuiy, including but not
limited to sacral pressure ulcers, bed sores, severe infection, septicemia, bacteremia.
septic shock, the sequelae from the aforementioned injuries and multiorgan failure as a
consequence thereof, conscious pain and suffering, emotional distress, embarrassment.
deprivation of rights and dignity and death.
TWENTY-EIGHTH: The above claims are for damages in excess ofthe
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
-8-
10 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
AS AND FOR A SECOND,SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS,
AUTUMN VIEW HEALTH CARE FACILITY
AUTUMN VIEW HEALTH CARE FACILITY,LLC.
THE MCGUIRE GROUP.INC., VESTRA SPVl,LLC
AND VESTRA SPV2, LLC,THE PLAINTIFF
ALLEGES:
TWENTY-NINTH: Repeats and realleges each and every allegation contained in
paragraphs numbered “FIRST” through “TWENTY-EIGHTH” inclusive, of the
Plaintiffs Complaint herein as though fully set forth at length herein.
THIRTIETH: That as a result ofthe negligence ofthe Defendants, AUTUMN
VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,
LLC,THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC,
their agents, servants, employees, appointees, designees, nurses, aides and/or other
resident care personnel, the Plaintiffs Decedent, SHARON M. CLARK,came to her
death on April 11,2019.
THIRTY-FIRST: That as a result ofthe wrongful death ofthe Plaintiffs
Decedent, SHARON M. CLARK, her distributees have been deprived of her services.
guidance, and support, and have sustained substantial pecuniary damage and loss, all to
their substantial damage.
-9-
11 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
THIRTY-SECOND: That the above claims for wrongful death are for sums in
excess ofthe jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A THIRD,SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS,
AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC,
THE MCGUIRE GROUP,INC.. VESTRA SPVU LLC
AND VESTRA SPV2. LLC.THE PLAINTIFF
ALLEGES:
THIRTY-THIRD: Repeats and realleges each and every allegation contained in
paragraphs numbered “FIRST” through “THIRTY-SECOND” inclusive, ofthe Plaintiffs
Complaint herein as though fully set forth at length herein.
THIRTY-FOURTH: That upon information and belief the Defendants,
AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE
FACILITY,LLC, THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA
SPV2,LLC, a residential health care facility, deprived its resident, the Decedent,
SHARON M.CLARK,of her rights and benefits pursuant to §2801-d and §2803-c ofthe
Public Health Law of the State of New York, as well as those rights and benefits
established by the tenns of all contracts between said Defendants and Plaintiffs
Decedent, SHARON M. CLARK.
-10-
12 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
THIRTY-FIFTH: The said Defendants’ conduct was in reckless disregard of the
lawful rights ofPlaintiffs Decedent, SHARON M. CLARK.
THIRTY-SIXTH: As a result ofthe foregoing, the Plaintiffs Decedent was
damaged in excess of the jurisdictional limits of all lower courts, which would otherwise
have jurisdiction.
AS AND FOR A FOURTH,SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS,
AUTUMN VIEW HEALTH CARE FACILITY,
AUTUMN VIEW HEALTH CARE FACILITY,LLC,
THE MCGUIRE GROUP,INC.. VESTRA SPVL LLC
AND VESTRA SPV2, LLC,THE PLAINTIFF
ALLEGES;
THIRTY-SEVENTH: Repeats and realleges each and every allegation contained
in paragraphs numbered “FIRST” through “THIRTY-SIXTH” inclusive, ofthe Plaintiffs
Complaint herein as though fully set forth at length herein.
THIRTY-EIGHTH: That the Plaintiffs Decedent, SHARON M. CLARK, was
entitled to a dignified existence while a resident of Defendants’ facility.
THIRTY-NINTH: That said Defendants’ conduct was in reckless disregard of
the rights of Plaintiffs Decedent, SHARON M.CLARK.
FORTIETH: That as a result ofthe foregoing, Plaintiffs Decedent, SHARON M.
CLARK, was damaged by the deprivation of her dignity, in excess ofthe jurisdictional
limits of all lower courts which would otherwise have jurisdiction.
-11-
13 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
AS AND FOR A FIFTH.SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS
AUTUMN VIEW HEALTH CARE FACILITY
AUTUMN VIEW HEALTH CARE FACILITY. LLC,
THE MCGUIRE GROUP.INC., VESTRA SPVU LLC
AND VESTRA SPV2, LLC,THE PLAINTIFF
ALLEGES:
FORTY-FIRST; Repeats and realleges each and ever>' allegation contained in
paragraphs numbered “FIRST’' through “FORTIETH” inclusive, ofthe Plaintiffs
Complaint herein as though fully set forth at length herein.
FORTY-SECOND: During the above pied periods of time, Plaintiffs Decedent,
SHARON M. CLARK, was under the professional care of said Defendants, their agents,
servants, employees, appointees, designees, nurses, aides and/or other resident care
personnel.
FORTY-THIRD: That said Defendants, their agents, servants, employees.
appointees, designees, nurses, aides and/or other resident care personnel held themselves
out as duly qualified and capable of rendering adequate care and treatment to the public
and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical
therapists, and other personnel.
FORTY-FOURTH: Plaintiffs Decedent. SHARON M. CLARK,relied upon the
advice and care of said Defendants, their agents, servants, employees, appointees,
designees, nurses, aides and/or other resident care personnel, and upon tlieir knowledge.
skill and representations that she would be adequately cared for.
-12-
14 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
FORTY-FIFTH: Plaintiffs Decedent, SHARON M. CLARK, continuously
submitted herself to the care and treatment of said Defendants, their agents, servants,
employees, appointees, designees, nurses, aides and/or other resident care personnel.
FORTY-SIXTH: The care and treatment rendered by said Defendants, their
agents, servants, employees, appointees, designees, nurses, aides and/or other resident
care personnel was improper, negligent, and given in a careless and reckless manner.
FORTY-SEVENTH: That said Defendants, their agents, ser\'ants, employees.
appointees, designees, nurses, aides and/or other resident care personnel, failed to employ
the skill, care and diligence commonly and ordinarily possessed by, and required of
physicians, nurses, aides, and physician's assistants in the community, and failed to use
their best judgment in the care and treatment of Plaintiffs Decedent, SHARON M.
CLARK.
FORTY-EIGHTH: That said Defendants, their agents, servants, employees,
appointees, designees, nurses, aides and/or other resident care personnel, failed to treat
and care for Plaintiffs Decedent, SHARON M.CLARK,in accordance with the
standards of care and treatment generally accepted in the community; departed from good
and accepted medicine and nursing practice; departed from the standard of care in the
medical and nursing community in the care and treatment of the Plaintiff s Decedent,
SHARON M. CLARK,and failed to use in their care and treatment of the Plaintiffs
Decedent, SHARON M. CLARK,approved methods in general use and skill and to use
their bestjudgment in the care and treatment of the Plaintiffs Decedent, SHARON M.
CLARK.
-13-
15 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
FORTY-NINTH: The aforesaid occurrence was caused, in whole or in part, by
the negligence of said Defendants, their agents, servants, employees, appointees,
designees, nurses, aides and/or other resident care personnel in negligently and carelessly
failing to treat and care for Plaintiffs Decedent, SHARON M. CLARK, in a careful and
skillful manner; and negligently and carelessly failing to monitor and supervise Plaintiffs
Decedent, SHARON M. CLARK,in accordance with good and accepted medical
customs, practices and standards.
FIFTIETH: The foregoing was caused without any negligence on the part of
Plaintiffs Decedent. SHARON M. CLARK,contributing thereto.
FIFTY-FIRST: That as a result ofthe wrongful death of the Plaintiffs Decedent,
SHARON M. CLARK,her distributees have been deprived of her services, guidance, and
support, and have sustained substantial pecuniary damage and loss, all to their substantial
damage and said Decedent was caused to suffer and did suffer severe and painful bodily
injury, including but not limited to sacral pressure ulcers, bed sores, severe infection.
septicemia, bacteremia, septic shock, the sequelae from the aforementioned injuries and
multiorgan failure as a consequence thereof, conscious pain and suffering, emotional
distress, embarrassment, deprivation of rights and dignity and death..
FIFTY-SECOND: The above claims are for damages in excess ofthe
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
-14-
16 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
AS AND FOR A SIXTH.SEPARATE AND DISTINCT
CAUSE OF ACTION AGAINST THE DEFENDANTS,
BUFFALO GENERAL MEDICAL CENTER AND
KALEIDA HEALTH,THE PLAINTIFF ALLEGES;
FIFTY-THIRD: Repeats and realleges each and every allegation contained in
paragraphs numbered “FIRST” through “FIFTY-SECOND” inclusive, ofthe Plaintiffs
Complaint herein as though fully set forth at length herein.
FIFTY-FOURTH: That upon infonnation and belief and at all times hereinafter
mentioned the Defendants, BUFFALO GENERAL MEDICAL CENTER and KALEIDA
HEALTH,operated and managed a hospital Ihcility at 100 High Street in the City of
Buffalo, County of Erie and State of New York, and represented themselves to the public,
including the Decedent herein, as skilled, equipped and qualified to treat and care for
members of the public in need of and requiring medical and surgical attention and that it
furnished and provided to those seeking medical and surgical attention at said hospital
competent medical treatment, care and services and that the physicians, nurses and other
personnel employed or engaged therein were skilled, competent and qualified to perfonn.
render and administer the aforementioned services in accordance with accepted standards
and procedures.
FIFTY-FIFTH: That on or about March 9, 2019 the Decedent, SHARON M.
CLARK, was admitted as a patient of the Defendants, BUFFALO GENERAL
MEDICAL CENTER and KALEIDA HEALTH, where she underwent spinal surgery and
remained as a patient through March 20, 2019, during which time said Decedent came
-15-
17 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021 02:33
09:03 PM
AM INDEX NO. 804695/2021
NYSCEF DOC. NO. 1
34 RECEIVED NYSCEF: 04/09/2021
08/25/2021
under the care of physicians, nurses and other health care personnel who were agents,
servants and/or employees ofthe Defendants, BUFFALO GENERAL MEDICAL
CENTER and/or KALEIDA HEALTH.
FIFTY-SIXTH: Therealler the Decedent, SHARON M. CLARK, was readmitted
to the BUFFALO GENERAL MEDICAL CENTER where she remained as a patient of
the Defendants, BUFFALO GENERAL MEDICAL CENTER and KAI.EIDA HEALTH,
and came under the care of physicians, nurses and other health care personnel who were
agents, servants and/or employees of said Defendants, from April 3, 2019 until her death
on April 11,2019.
FIFTY-SEVENTH: During the above pled periods of time, Plaintiffs Decedent
SHARON M. CLARK, was under the professional care of said Defendants, their agents,
servants, employees, appointees, designees, nurses, aides and/or other resident care
personnel.
FIFTY-EIGHTH: That said Delbndants. their agents, servants, employees.
appointees, designees, nurses, aides and/or other resident care personnel held themselves
out as duly qualified and capable of rendering adequate care and treatment to the public
and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical
therapists, and other personnel.
FIFTY-NINTH: Plaintiffs Decedent. SHARON M. CLARK,relied upon the
advice and care of said Defendants, their agents, servants, employees, appointees.
designees, nurses, aides and/or other resident care personnel, and upon their knowledge.
skill and representations that she would be adequately cared for.
-16-
18 of 26
FILED: ERIE COUNTY CLERK 04/09/2021
08/25/2021
Preview
FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ROBERT P. CLARK,as Administrator of the Estate of SHARON M.CLARK,Deceased 6022 Thomwood Drive Hamburg,New York 14075_ Plaintiff SUMMONS -vs- AUTUMN VIEW HEALTH CARE FACILITY S 4650 Southwestern Boulevard Hamburg,New York 14075, AUTUMN VIEW HEALTH CARE FACILITY,LLC S 4650 Southwestern Boulevard Hamburg,New York 14075, THE MCGUIRE GROUP,INC. 560 Delaware Avenue Suite 400 Buffalo, New York 14202, VESTRA SPVl,LLC 230 Hilton Avenue, Suite 4 Hempstead,New York 11550, VESTRA SPV2,LLC 10 E. Merrick Road, Suite 305 Valley Stream, New York 11580, BUFFALO GENERAL MEDICAL CENTER 100 High Street Buffalo, New York 14203, KALEIDA HEALTH 726 Exchange Street Buffalo, New York 14210, Defendants TO THE ABOVE-NAMED DEFENDANTS: 1 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs attorneys, at their address stated below, an Answer to the attached Complaint. If this Summons was personally served upon you in the State of New York, the Answer must be served within twenty (20)days after such service of the Summons, excluding the date of service. If the Summons was not personally delivered to you within the State of New York, the Answer must be served within thirty (30) days after service of the Summons is complete as provided by law. If you do not serve an Answer to the attached Complaint within the applicable time limitation stated above, a judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. The Plaintiff designates Erie County as the place of trial. The basis of venue is the residence address of the Plaintiff which is 6022 Thomwood Drive, Hamburg, New York 14075. DATED: Buffalo, New York Yours, etc. April 7, 2021 A By: ML L A. lACONO,ESQ. John J. Froklen, Attorneys at Law, P.C. Attorneys for Plaintiffs Office & Post Office Address 4367 Harlem Road Snyder, New York 14226 (716)855-1222 -2- 2 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ROBERT P. CLARK,as Administrator of the Estate of SHARON M.CLARK,Deceased Plaintiff COMPLAINT -vs~ AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC, BUFFALO GENERAL MEDICAL CENTER, KALEIDA HEALTH Defendants The Plaintiff, complaining ofthe Defendants, by JOHN J. FROMEN, ATTORNEYS AT LAW,P.C., their attorneys, allege: FIRST: That at all times hereinafter mentioned the PlaintilT was and still is a resident ofthe County of Erie and State of New York. SECOND: That at all times hereinafter mentioned the Decedent, SHARON M. CLARK, was a resident ofthe County of Erie and State of New York. THIRD: That the Decedent, SHARON M. CLARK,died on April 11, 2019. 3 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 FOURTH: That on July 19, 2019 Letters of Administration ofthe Estate of SHARON M.CLARK were issued to the Plaintiff herein, ROBERT P. CLARK, by the Surrogate’s Court ofthe County of Erie. FIFTH: That upon infonnation and belief and at all times hereinafter mentioned the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, was and still is a nursing home facility and/or corporation organized under and by virtue of the laws ofthe State of New York, with offices for the transaction of business located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and State of New York. SIXTH: That upon infonnation and belief and at all times hereinafter mentioned the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, LLC, was and still is a domestic limited liability company organized under and by virtue of the laws of the State of New York, with offices for the transaction of business located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and State of New York. SEVENTH: That upon information and belief and at all times hereinafter mentioned the Defendant, THE MCGUIRE GROUP,INC., was and still is a domestic business corporation organized under and by virtue of the laws of the State of New York, with offices for the transaction of business located at 560 Delaware Avenue, Suite 400, in the City of Buffalo, County of Erie and State of New York. EIGHTH: That upon information and belief and at all times hereinafter mentioned the Defendant, VESTRA SPVl, LLC, was and still is a domestic limited liability company organized under and by virtue of the laws ofthe State of New York, -2- 4 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 with offices for the transaction of business located at 230 Hilton Avenue, Suite 4 in the Town of Hempstead, County of Nassau and State of New York. NINTH: That upon information and belief and at all times hereinafter mentioned the Defendant, VESTRA SPV2, LLC, was and still is a domestic limited liability company organized under and by virtue ofthe laws of the State of New York, with offices for the transaction of business located at 10 E. Merrick Road, Suite 305 in the Village of Valley Stream, County ofNassau and State of New York. TENTH: That upon information and belief and at all times hereinafter mentioned the Defendant, BUFFALO GENERAL MEDICAL CENTER, was and still is a hospital organized and operating pursuant to the laws ofthe State of New York and conducting business at 100 High Street in the City of Buffalo, County of Erie and State of New York. ELEVENTH: That upon information and belief and at all times hereinafter mentioned the Defendant, KALEIDA HEALTH, was and still is a domestic not-for-profit corporation, organized under and by virtue ofthe laws of the State of New York, with offices for the transaction of business located at 726 Exchange Street in the City of Buffalo, County of Erie and State of New York. TWELFTH: Upon information and belief and at all times hereinafter mentioned, Defendant, AUTUMN VIEW HEALTH CARE FACILITY,LLC, owned, supervised, operated, managed, directed, administered, inspected, controlled and/or assumed responsibility for the nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH CARE FACILJTY, located at S 4650 Southwestern Bouelvard in the -3- 5 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 Town of Hamburg, County of Erie and Stale of New York, including its agents, servants, employees, appointees, designees and/or other resident care personnel. THIRTEENTH: That upon information and belief and at all times hereinafter mentioned, the Defendant, THE MCGUIRE GROUP,INC., owned, supervised, operated. managed, directed, administered, inspected, controlled and/or assumed responsibility for the nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH CARE FACILITY,located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and State of New York, including its agents, servants, employees. appointees, designees and/or other resident care personnel. FOURTEENTH: That upon information and belief and at all times hereinafter mentioned, the Defendant, VESTRA SPV1,LLC, owned, supervised, operated, managed, directed, administered, inspected, controlled and/or assumed responsibility for the nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and State of New York, including its agents, servants, employees, appointees, designees and/or other resident care personnel. FIFTEENTH: That upon information and belief and at all times hereinafter mentioned, the Defendant, VESTRA SPV2, LLC, owned, supervised, operated, managed. directed, administered, inspected, controlled and/or assumed responsibility for the nursing home facility doing business as the Defendant, AUTUMN VIEW HEALTH CARE FACILITY, located at S 4650 Southwestern Bouelvard in the Town of Hamburg, -4- 6 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 County of Erie and State of New York, including its agents, servants, employees. appointees, designees and/or other resident care personnel. SIXTEENTH: That upon information and belief and at all times hereinafter mentioned, the Defendant, KALEIDA HEALTH,owned, supervised, operated, managed, directed, administered, inspected, controlled and/or assumed responsibility for the Defendant, BUFFALO GENERAL MEDICAL CENTER,including its agents, servants. employees, appointees, designees and/or other resident care personnel. SEVENTEENTH: That upon information and belief and at all times hereinafter mentioned and on and prior to April 11,2019, the Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY, LLC, THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC, BUFFALO GENERAL MEDICAL CENTER,and KALEIDA HEALTH, were participants in Medicaid and Medicare programs, and as such, were required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. EIGHTEENTH: That on or about March 9, 2019 the Decedent, SHARON M. CLARK, was admitted as a patient of the Defendants, BUFFALO GENERAL MEDICAL CENTER and KALEIDA HEALTH, where she underwent spinal surgery and remained as a patient through March 20, 2019. NINETEENTH: That on or about March 20, 2019 the Decedent, SHARON M. CLARK, was transferred from the BUFFALO GENERAL MEDICAL CENTER to the Defendants’ nursing home facility, AUTUMN VIEW HEALTH CARE FACILITY, -5- 7 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 located at S 4650 Southwestern Bouelvard in the Town of Hamburg, County of Erie and State of New York, where she remained as a patient through April 3, 2019. TWENTIETH: That on or about April 3, 2019 the Decedent, SHARON M. CLARK, was transferred from the Defendants' nursing home facility, AUTUMN VIEW HEALTH CARE FACILITY, back to the BUFFALO GENERAL MEDICAL CENTER where she remained as a patient of the Defendants, BUFFALO GENERAL MEDICAL CENTER and KALEIDA HEALTH, until her death on April 11, 2019. TWENTY-FIRST: That the decedent, SHARON M. CLARK,died leaving her surviving a husband,the Plaintiff herein, ROBERT P. CLARK, and two children, to wit, Richard Clark and Sharon Contreau. That following the death of said Decedent, Letters of Administration upon the estate of said Decedent, SHARON M. CLARK, were issued to the Decedent's surviving spouse, ROBERT P. CLARK,on the 19^’’ day of July, 2019. TWENTY-SECOND: The above-entitled action, and each cause of action alleged herein, falls within one or more ofthe exceptions set forth in CPLR §1602 and. specifically, subsection 2, 7, and 11 thereof. -6- 8 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 AS AND FOR A FIRST.SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS, AUTUMN VIEW HEALTH CARE FACILITY. AUTUMN VIEW HEALTH CARE FACILITY,LLC. THE MCGUIRE GROUP.INC. VESTRA SPVU LLC AND VESTRA SPV2, LLC,THE PLAINTIFF ALLEGES: TWENTY-THIRD: Repeats and realleges each and every allegation contained in paragraphs numbered “FIRST” through “TWENTY-SECOND” inclusive, ofthe Plaintiff’s Complaint herein as though fully set forth at length herein. TWENTY-FOURTH: That upon information and belief and at all times hereinafter mentioned the Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC and VESTRA SPV2, LLC, either singularly or collectively, agreed to provide nursing home services to the Plaintiffs Decedent, SHARON M. CLARK, at the AUTUMN VIEW HEALTH CARE FACILITY. TWENTY-FIFTH: That the Plaintiffs Decedent. SHARON M. CLARK, was admitted to and was a resident ofthe Defendants’ nursing home facility, AUTUMN VIEW HEALTH CARE FACILITY,from March 20, 2019 through April 3, 2019. TWENTY-SIXTH: That upon information and belief, and from March 20, 2019 through April 3, 2019 the Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC., -7- 9 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 VESTRA SPVl, LLC and/or VESTRA SPV2,LLC,their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel, were negligent. careless and reckless in their care, treatment, supervision, control and monitoring of, and thereby caused injury to, the Plaintiffs Decedent, SHARON M. CLARK. TWENTY-SEVENTH: That as a result ofthe negligence, carelessness and recklessness of the Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC,THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC,each ofthem individually, in combination. and/or through their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel, the Plaintiffs Decedent, SHARON M. CLARK, was caused to suffer and did suffer severe and painful bodily injuiy, including but not limited to sacral pressure ulcers, bed sores, severe infection, septicemia, bacteremia. septic shock, the sequelae from the aforementioned injuries and multiorgan failure as a consequence thereof, conscious pain and suffering, emotional distress, embarrassment. deprivation of rights and dignity and death. TWENTY-EIGHTH: The above claims are for damages in excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction. -8- 10 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 AS AND FOR A SECOND,SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS, AUTUMN VIEW HEALTH CARE FACILITY AUTUMN VIEW HEALTH CARE FACILITY,LLC. THE MCGUIRE GROUP.INC., VESTRA SPVl,LLC AND VESTRA SPV2, LLC,THE PLAINTIFF ALLEGES: TWENTY-NINTH: Repeats and realleges each and every allegation contained in paragraphs numbered “FIRST” through “TWENTY-EIGHTH” inclusive, of the Plaintiffs Complaint herein as though fully set forth at length herein. THIRTIETH: That as a result ofthe negligence ofthe Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY, LLC,THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2, LLC, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel, the Plaintiffs Decedent, SHARON M. CLARK,came to her death on April 11,2019. THIRTY-FIRST: That as a result ofthe wrongful death ofthe Plaintiffs Decedent, SHARON M. CLARK, her distributees have been deprived of her services. guidance, and support, and have sustained substantial pecuniary damage and loss, all to their substantial damage. -9- 11 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 THIRTY-SECOND: That the above claims for wrongful death are for sums in excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD,SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC.. VESTRA SPVU LLC AND VESTRA SPV2. LLC.THE PLAINTIFF ALLEGES: THIRTY-THIRD: Repeats and realleges each and every allegation contained in paragraphs numbered “FIRST” through “THIRTY-SECOND” inclusive, ofthe Plaintiffs Complaint herein as though fully set forth at length herein. THIRTY-FOURTH: That upon information and belief the Defendants, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC., VESTRA SPVl, LLC, VESTRA SPV2,LLC, a residential health care facility, deprived its resident, the Decedent, SHARON M.CLARK,of her rights and benefits pursuant to §2801-d and §2803-c ofthe Public Health Law of the State of New York, as well as those rights and benefits established by the tenns of all contracts between said Defendants and Plaintiffs Decedent, SHARON M. CLARK. -10- 12 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 THIRTY-FIFTH: The said Defendants’ conduct was in reckless disregard of the lawful rights ofPlaintiffs Decedent, SHARON M. CLARK. THIRTY-SIXTH: As a result ofthe foregoing, the Plaintiffs Decedent was damaged in excess of the jurisdictional limits of all lower courts, which would otherwise have jurisdiction. AS AND FOR A FOURTH,SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS, AUTUMN VIEW HEALTH CARE FACILITY, AUTUMN VIEW HEALTH CARE FACILITY,LLC, THE MCGUIRE GROUP,INC.. VESTRA SPVL LLC AND VESTRA SPV2, LLC,THE PLAINTIFF ALLEGES; THIRTY-SEVENTH: Repeats and realleges each and every allegation contained in paragraphs numbered “FIRST” through “THIRTY-SIXTH” inclusive, ofthe Plaintiffs Complaint herein as though fully set forth at length herein. THIRTY-EIGHTH: That the Plaintiffs Decedent, SHARON M. CLARK, was entitled to a dignified existence while a resident of Defendants’ facility. THIRTY-NINTH: That said Defendants’ conduct was in reckless disregard of the rights of Plaintiffs Decedent, SHARON M.CLARK. FORTIETH: That as a result ofthe foregoing, Plaintiffs Decedent, SHARON M. CLARK, was damaged by the deprivation of her dignity, in excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction. -11- 13 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 AS AND FOR A FIFTH.SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS AUTUMN VIEW HEALTH CARE FACILITY AUTUMN VIEW HEALTH CARE FACILITY. LLC, THE MCGUIRE GROUP.INC., VESTRA SPVU LLC AND VESTRA SPV2, LLC,THE PLAINTIFF ALLEGES: FORTY-FIRST; Repeats and realleges each and ever>' allegation contained in paragraphs numbered “FIRST’' through “FORTIETH” inclusive, ofthe Plaintiffs Complaint herein as though fully set forth at length herein. FORTY-SECOND: During the above pied periods of time, Plaintiffs Decedent, SHARON M. CLARK, was under the professional care of said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel. FORTY-THIRD: That said Defendants, their agents, servants, employees. appointees, designees, nurses, aides and/or other resident care personnel held themselves out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical therapists, and other personnel. FORTY-FOURTH: Plaintiffs Decedent. SHARON M. CLARK,relied upon the advice and care of said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel, and upon tlieir knowledge. skill and representations that she would be adequately cared for. -12- 14 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 FORTY-FIFTH: Plaintiffs Decedent, SHARON M. CLARK, continuously submitted herself to the care and treatment of said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel. FORTY-SIXTH: The care and treatment rendered by said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel was improper, negligent, and given in a careless and reckless manner. FORTY-SEVENTH: That said Defendants, their agents, ser\'ants, employees. appointees, designees, nurses, aides and/or other resident care personnel, failed to employ the skill, care and diligence commonly and ordinarily possessed by, and required of physicians, nurses, aides, and physician's assistants in the community, and failed to use their best judgment in the care and treatment of Plaintiffs Decedent, SHARON M. CLARK. FORTY-EIGHTH: That said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel, failed to treat and care for Plaintiffs Decedent, SHARON M.CLARK,in accordance with the standards of care and treatment generally accepted in the community; departed from good and accepted medicine and nursing practice; departed from the standard of care in the medical and nursing community in the care and treatment of the Plaintiff s Decedent, SHARON M. CLARK,and failed to use in their care and treatment of the Plaintiffs Decedent, SHARON M. CLARK,approved methods in general use and skill and to use their bestjudgment in the care and treatment of the Plaintiffs Decedent, SHARON M. CLARK. -13- 15 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 FORTY-NINTH: The aforesaid occurrence was caused, in whole or in part, by the negligence of said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel in negligently and carelessly failing to treat and care for Plaintiffs Decedent, SHARON M. CLARK, in a careful and skillful manner; and negligently and carelessly failing to monitor and supervise Plaintiffs Decedent, SHARON M. CLARK,in accordance with good and accepted medical customs, practices and standards. FIFTIETH: The foregoing was caused without any negligence on the part of Plaintiffs Decedent. SHARON M. CLARK,contributing thereto. FIFTY-FIRST: That as a result ofthe wrongful death of the Plaintiffs Decedent, SHARON M. CLARK,her distributees have been deprived of her services, guidance, and support, and have sustained substantial pecuniary damage and loss, all to their substantial damage and said Decedent was caused to suffer and did suffer severe and painful bodily injury, including but not limited to sacral pressure ulcers, bed sores, severe infection. septicemia, bacteremia, septic shock, the sequelae from the aforementioned injuries and multiorgan failure as a consequence thereof, conscious pain and suffering, emotional distress, embarrassment, deprivation of rights and dignity and death.. FIFTY-SECOND: The above claims are for damages in excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction. -14- 16 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 AS AND FOR A SIXTH.SEPARATE AND DISTINCT CAUSE OF ACTION AGAINST THE DEFENDANTS, BUFFALO GENERAL MEDICAL CENTER AND KALEIDA HEALTH,THE PLAINTIFF ALLEGES; FIFTY-THIRD: Repeats and realleges each and every allegation contained in paragraphs numbered “FIRST” through “FIFTY-SECOND” inclusive, ofthe Plaintiffs Complaint herein as though fully set forth at length herein. FIFTY-FOURTH: That upon infonnation and belief and at all times hereinafter mentioned the Defendants, BUFFALO GENERAL MEDICAL CENTER and KALEIDA HEALTH,operated and managed a hospital Ihcility at 100 High Street in the City of Buffalo, County of Erie and State of New York, and represented themselves to the public, including the Decedent herein, as skilled, equipped and qualified to treat and care for members of the public in need of and requiring medical and surgical attention and that it furnished and provided to those seeking medical and surgical attention at said hospital competent medical treatment, care and services and that the physicians, nurses and other personnel employed or engaged therein were skilled, competent and qualified to perfonn. render and administer the aforementioned services in accordance with accepted standards and procedures. FIFTY-FIFTH: That on or about March 9, 2019 the Decedent, SHARON M. CLARK, was admitted as a patient of the Defendants, BUFFALO GENERAL MEDICAL CENTER and KALEIDA HEALTH, where she underwent spinal surgery and remained as a patient through March 20, 2019, during which time said Decedent came -15- 17 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021 02:33 09:03 PM AM INDEX NO. 804695/2021 NYSCEF DOC. NO. 1 34 RECEIVED NYSCEF: 04/09/2021 08/25/2021 under the care of physicians, nurses and other health care personnel who were agents, servants and/or employees ofthe Defendants, BUFFALO GENERAL MEDICAL CENTER and/or KALEIDA HEALTH. FIFTY-SIXTH: Therealler the Decedent, SHARON M. CLARK, was readmitted to the BUFFALO GENERAL MEDICAL CENTER where she remained as a patient of the Defendants, BUFFALO GENERAL MEDICAL CENTER and KAI.EIDA HEALTH, and came under the care of physicians, nurses and other health care personnel who were agents, servants and/or employees of said Defendants, from April 3, 2019 until her death on April 11,2019. FIFTY-SEVENTH: During the above pled periods of time, Plaintiffs Decedent SHARON M. CLARK, was under the professional care of said Defendants, their agents, servants, employees, appointees, designees, nurses, aides and/or other resident care personnel. FIFTY-EIGHTH: That said Delbndants. their agents, servants, employees. appointees, designees, nurses, aides and/or other resident care personnel held themselves out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical therapists, and other personnel. FIFTY-NINTH: Plaintiffs Decedent. SHARON M. CLARK,relied upon the advice and care of said Defendants, their agents, servants, employees, appointees. designees, nurses, aides and/or other resident care personnel, and upon their knowledge. skill and representations that she would be adequately cared for. -16- 18 of 26 FILED: ERIE COUNTY CLERK 04/09/2021 08/25/2021