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 in the Supreme Court of the State of New York, Richmond County, against three Visiting Nurse Service (VNS) entities and home care attendant Joy Odunze-Matthew. The legal action stems from the alleged violent assault of Carolyn Albanese, a terminally ill hospice patient, and accuses the defendants of gross negligence for failing to adequately vet, train, and supervise their staff. According to the complaint, Ms. Albanese suffered multiple attacks by her caregiver, with the most severe incident on September 10, 2024, captured on video and involving the defendant striking the elderly patient with a weapon, resulting in severe physical injuries and mental anguish.

This case highlights significant vulnerabilities within home care systems for the terminally ill and elderly. Attorney Robert E. Brown, representing the Albanese family, stated the situation represents "egregious neglect and abuse by those entrusted with the care of one of society's most vulnerable individuals." The lawsuit seeks compensatory and punitive damages for the physical, emotional, and psychological harm suffered. The legal filing includes multiple causes of action, including negligence, negligent hiring and retention, assault, battery, and intentional infliction of emotional distress, pointing to potential systemic failures in the home care industry that can lead to tragic outcomes.

The criminal proceedings add complexity to the case, as Joy Odunze-Matthew was arrested on September 17, 2024, and faces felonious assault charges. This parallel criminal case may provide additional evidence for the civil lawsuit. The situation serves as a stark reminder of the risks faced by hospice patients and raises important questions about the responsibilities of home care agencies in client safety. The outcome could have far-reaching implications for the industry, potentially leading to stricter regulations and improved vetting processes. For families considering home care, this underscores the necessity of thorough research and vigilance when selecting providers, as well as ongoing communication and monitoring to ensure patient safety.

As legal proceedings continue, this case is likely to draw attention to broader issues of elder abuse and neglect in home care settings, potentially prompting a reevaluation of current practices and standards. The involvement of The Law Offices of Robert E. Brown, P.C., known for specializing in personal injury and neglect cases, underscores the seriousness of the allegations. This high-profile case may serve as a catalyst for discussions on patient safety, caregiver accountability, and the overall quality of home care services for vulnerable populations, with the potential to shape future policies and practices aimed at preventing similar incidents and ensuring the safety and dignity of all patients receiving home care.