Lawsuit Filed Against Home Care Providers in Elderly Assault Case

The Law Offices of Robert E. Brown, P.C. has initiated legal action against three Visiting Nurse Service entities and home care attendant Joy Odunze-Matthew, following the alleged violent assault of Carolyn Albanese, a terminally ill hospice patient. The lawsuit, filed in the Supreme Court of the State of New York, Richmond County, stems from multiple attacks on Ms. Albanese, with the most recent incident on September 10, 2024, captured on video.

The complaint alleges gross negligence by VNS and its affiliates for failing to properly vet, train, and supervise their staff. Odunze-Matthew, who was arrested on September 17, 2024, faces criminal charges for felonious assault. The civil lawsuit includes multiple causes of action, including negligence, negligent hiring and retention, assault, battery, and intentional infliction of emotional distress.

This case brings to light critical issues in the home care industry, particularly the vulnerability of elderly and terminally ill patients. It underscores the importance of rigorous screening and oversight of home care attendants, who are entrusted with the care of society's most vulnerable individuals. The lawsuit's outcome could have far-reaching implications for home care agencies' hiring practices and supervision protocols.

The incident also raises questions about the adequacy of current regulations governing home care services and whether stricter measures are needed to protect patients. As the population ages and the demand for home care services increases, ensuring the safety and well-being of patients becomes increasingly crucial.

Robert E. Brown, attorney for the Albanese family, emphasized the gravity of the situation, stating, "This is a case of egregious neglect and abuse by those entrusted with the care of one of society's most vulnerable individuals." The lawsuit seeks both compensatory and punitive damages, aiming not only to address the harm suffered by Ms. Albanese and her family but also to send a strong message to the home care industry about the consequences of negligence.

As this case progresses, it may prompt a broader discussion about patient rights, caregiver accountability, and the need for enhanced safeguards in home care settings. The outcome could potentially influence policy changes and industry standards, making this a landmark case in the realm of elder care and patient safety.