Lawsuit Alleges Gross Negligence in Violent Assault of Terminally Ill Hospice Patient

The Law Offices of Robert E. Brown, P.C. has filed a lawsuit against three Visiting Nurse Service entities and home care attendant Joy Odunze-Matthew following the alleged violent assault of terminally ill hospice patient Carolyn Albanese. The legal action, filed in the Supreme Court of the State of New York, Richmond County, alleges gross negligence by VNS and its affiliates for failing to adequately vet, train, and supervise their staff. According to the complaint, Ms. Albanese was subjected to multiple attacks by her home care attendant, with the most recent incident on September 10, 2024, captured on video and involving the defendant striking the elderly patient with a weapon.

This case raises significant concerns about the quality of care provided to vulnerable individuals in home care settings and underscores the critical importance of thorough background checks, proper training, and ongoing supervision of caregivers. Attorney Robert E. Brown, representing the Albanese family, stated this represents "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 to address the physical, emotional, and psychological harm suffered by Ms. Albanese and her family.

The legal action includes multiple causes of action against the defendants, including negligence, negligent hiring and retention, assault, battery, and intentional infliction of emotional distress. These allegations highlight potential systemic failures within the home care industry that can lead to tragic outcomes. The criminal aspect adds complexity, as Joy Odunze-Matthew was arrested on September 17, 2024, and faces criminal charges for felonious assault, with the pending criminal case running parallel to the civil lawsuit.

This case serves as a stark reminder of the vulnerabilities faced by hospice patients and the elderly in home care situations, raising important questions about the responsibilities of home care agencies in ensuring client safety. The outcome could have far-reaching implications for the home care industry, potentially leading to stricter regulations and improved vetting processes. For families considering home care options, this case underscores the importance of thorough research and vigilance when selecting care providers.

As legal proceedings unfold, this case is likely to draw attention to broader issues of elder abuse and neglect in home care settings, potentially prompting reevaluation of current practices and standards within the industry. The Law Offices of Robert E. Brown, P.C., specializing in personal injury and neglect cases, are committed to securing justice for those harmed by negligent care. Their involvement underscores the seriousness of the allegations and potential for significant legal and industry-wide repercussions.

This case may serve as a catalyst for important discussions about patient safety, caregiver accountability, and the overall quality of home care services for vulnerable populations. The outcome could potentially shape future policies and practices in the home care industry, with the ultimate goal of preventing similar incidents and ensuring the safety and dignity of all patients receiving home care services.