Home Healthcare Negligence
On June 28, 2012, the law Offices of Marc S. Albert filed a lawsuit against an upstate Home Health Care Service and one of its employees in the Supreme Court, Erie County relating to a brutal attack that took place at the home of Julius and Elisabeth Gelber in Scotia, New York in November, 2009. The attack, which was covered extensively by the media and resulted in a 22 year prison sentence to the felon responsible for the attack, sent shockwaves through the small upstate New York town where the Gelbers had lived for more than 30 years.
The events that led to the tragic set of circumstances that would follow began when the Gelbers hired the Home Health Care Agency to provide home health aides to help care for Dr. Gelber, a retired urological surgeon who had been relegated to a wheelchair following a stroke. The Gelbers would leave their back door open each day and the aides would come into the home to provide assistance to Dr. Gelber. Melissa McCray was one of the aides employed by the Home Health Care Agency.
MR. ALBERT BROUGHT THE CASE TO CONCLUSION THROUGH A SETTLEMENT THAT WOULD COMPENSATE THE GELBER’S FAMILY A CONFIDENTIAL SEVEN FIGURE SUM FOR THIS TRAGIC EVENT.
One evening in November, 2009, McCray decided to bring her husband Juan into the Gelber home unannounced, an inexcusable breach especially given the fact that Juan had a long history of drug abuse and violent crimes against the elderly. The Gelbers immediately asked McCray to have her husband leave and then called The Company to complain about what had just occurred. The Company failed to conduct any investigation into the incident and failed to take action of any kind. In fact, they failed to even warn the Gelbers to lock the door that they generally left open for their aides.
On November 9, 2009, Juan McCray came back to the Gelber residence, walked in through the open back door and attacked and viciously beat 83 year old Elisabeth Gelber. Mrs. Gelber suffered catastrophic injuries as a result of the brutal attack, was left in a coma for 6 weeks and ultimately died from her serious injuries.
In the case, Mr. Albert asserted that Mrs. McCray violated company policy in bringing her husband to the Gelber home in the first instance and that the Home Health Care Agency was negligent and careless in failing to supervise their employee or take action of any kind once they learned of this breach.
After several years of litigation, Mr. Albert brought the case to conclusion through a settlement that would compensate the Gelber’s family a confidential seven figure sum for this tragic event. It was a result that brought great satisfaction to the Gelber family, who were aware of the many challenges in the case, the most prominent of which was attempting to show that the Home Health Care Company and not the convicted felon himself should be held responsible for the attack and the life changing injuries that Mrs. Gelber suffered.