$5M verdict in nursing home death of Henry Serrapica, of Lynbrook, upheld, court papers show

A Nassau County judge has upheld an unusually high $5 million jury verdict for the family of an Army veteran from Lynbrook who suffered from pressure ulcers and was found to have received improper care while at South Shore Rehabilitation and Nursing Center in Freeport.

Henry Serrapica eventually developed severe sepsis and died from his injuries on Dec. 26, 2019, at age 69, court records show.

In a 13-page Jan. 14 order, Supreme Court Justice Christopher McGrath rejected post-trial motions brought by the nursing home and its management company, including requests to set aside the verdict, reduce the damages and order a new trial, while preserving the jury's findings of neglect and violations of state public health laws. 

The June 26 verdict included $1 million in rarely awarded punitive damages, indicating that the rehabilitation center's conduct was more serious than typical negligence. The jury, however, did not award damages on the family's wrongful death claim, records show. 

"The evidence entered reflected not only the negligent treatment of the pressure ulcers resulting in death but showed instances where [Serrapica's] dignity was compromised that was not based on mere carelessness, but rather persistent instances that support the jury's punitive damages award," McGrath wrote.

'Excessive' verdict

Ryan McAllister, the Serrapicas' Port Washington-based attorney, has described the verdict as among the largest he has seen against a rehabilitation center.

"This decision sends a powerful message," McAllister said. "Punitive damages are reserved for the most egregious conduct, and courts are rightly cautious in allowing them to stand. The fact that the jury awarded punitive damages — and that the court upheld them — underscores how serious and systemic the failures in care were in this case."

South Shore Rehabilitation and its attorney did not respond to requests for comment.

In court filings, the Freeport rehabilitation center has described the verdict as "excessive" and duplicative.

Army vet developed bedsores

Serrapica, a retired postal worker, had been treated at Mount Sinai South Nassau Hospital in Oceanside for a stroke, and underwent a kidney and pancreas transplant. Records show he was transferred to South Shore on Jan. 19, 2018, following a bout with pneumonia.

During multiple stays at South Shore, Serrapica developed Stage 4 pressure ulcers, commonly known as bedsores, on his heel, ankle, arm, pelvis, back and buttocks, according to court records and photographs shown the jury. Other wounds were diagnosed as "unstageable pressure injuries," where there's too much dead tissue to determine their stage.

While Serrapica's care plan called for him to be turned every two to four hours, there is little evidence that advice was followed, McAllister has said.

The wounds continued to grow in size and severity, prompting multiple visits to Mount Sinai, where he was diagnosed with osteomyelitis, or bone inflammation; sepsis and septic shock.

Serrapica would return to South Shore each time, but his wounds worsened and increased, according to Matthew Serrapica, the victim's son, who, along with other family members, filed a wrongful-death lawsuit against South Shore and Mount Sinai, the latter of which was dismissed in 2021.

During Serrapica's final admission to Mount Sinai, an unstageable pressure injury near his pelvis measured 16 inches long and 9 inches wide, records show.

Safety and code violations

In court records, South Shore contends the facility followed proper care protocols and that Serrapica was treated by a team of doctors and nurses.

The family also contends Serrapica received negligent care at South Shore, sustaining six falls and losing nearly 40 pounds. Relatives said they also found him pant-less in soiled diapers or in other patients' clothing, in part because of chronic understaffing at the facility.

"It was unsanitary conditions," said Serrapica's daughter, Cheryl Piazza, 42, of Coram. "Sometimes my father would be left without pants or there would be vomit on the floor that we'd have to step over that they didn't clean up. It was bad care."

New York State Health Department records show that South Shore Rehabilitation and Nursing Center has received 28 health or life safety code violations since Oct. 1, 2021, during a total of eight inspections. Since May 2018, the rehabilitation facility has been fined a combined $14,000 for deficiencies found during Health Department inspections, records show.