FILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
`FILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
`NYSCEF DOC. NO. 73
`NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023
`INDEX NO. 615848/2023
`RECEIVED NYSCEF: 04/17/2024
`RECEIVED NYSCEF: 04/17/2024
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`EXHIBIT A
`EXHIBIT A
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
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`THE ESTATE OF JACK D. MCHONE, by his
`Administratrix, JOAN MCHONE,
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` Plaintiff(s),
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` -against-
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`ST. JAMES OPERATING, LLC d/b/a ST. JAMES
`REHABILITATION & HEALTHCARE CENTER, ABC
`CORPORATION, ABC PARTNERSHIP,
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` Defendant(s),
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`To the above-named Defendant:
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` SUMMONS
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`Index No.:
`Date Purchased:
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`Plaintiff designates SUFFOLK
`County as the place of trial
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`The basis of venue is defendant’s
`address: ST. JAMES
`REHABILITATION &
`HEALTHCARE CENTER.
`275 Moriches Road
`St James, New York 11780
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
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`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive
`of the day of service (or within 30 days after the service is complete if this summons is not
`personally delivered to you within the State of New York); and in case of your failure to appear or
`answer, judgment will be taken against you by default for the relief demanded in the complaint.
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`Dated: Melville, New York
` June 27, 2023
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`NAPOLI SHKOLNIK, PLLC
`Attorneys for Plaintiff
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`By:__________________________
`Joseph L. Ciaccio
`400 Broadhollow Road
`Melville, New York, 11747
`T: 212-397-1000
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`1 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`Defendants’ Addresses:
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`ST. JAMES REHABILITATION & HEALTHCARE CENTER
`275 Moriches Road, St James, NY 11780
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`2 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
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`THE ESTATE OF JACK D. MCHONE, by his Administratrix,
`JOAN MCHONE,
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` Plaintiff(s),
` -against-
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`ST. JAMES OPERATING, LLC d/b/a ST. JAMES
`REHABILITATION & HEALTHCARE CENTER, ABC
`CORPORATION, ABC PARTNERSHIP,
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` Defendant(s)
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`VERIFIED
`COMPLAINT
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`Plaintiff demands
`a Jury Trial
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`Plaintiff, by her attorneys, NAPOLI SHKOLNIK PLLC, complaining of the defendants,
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`respectfully alleges upon information and belief:
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`a. Plaintiff
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`I.
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`THE PARTIES
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`1.
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`That at all times hereinafter mentioned, plaintiff JOAN MCHONE, is the widow and next
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`of kin of the decedent, JACK D. MCHONE, and is a resident of the State of New York, County of Suffolk.
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`2.
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`That at all times hereinafter mentioned, plaintiff’s decedent, JACK D. MCHONE, was a
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`resident of the County of Suffolk, State of New York.
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`3.
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`That on April 23, 2020, plaintiff’s decedent, JACK D. MCHONE, died in the County of
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`Suffolk, State of New York.
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`4.
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`That on November 6, 2020, Letters of Administration were granted by the Suffolk County
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`Surrogate’s Court, State of New York, to plaintiff JOAN MCHONE, appointing her Administratrix of the
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`Estate of JACK D. MCHONE.
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`5.
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`That at all times hereinafter mentioned, JACK D. MCHONE is represented in this action
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`by his widow and next of kin, JOAN MCHONE, as Administratrix of his Estate.
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`6.
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`This action falls within one or more exceptions as set forth in N.Y. Civil Practice Laws and
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`Rules (“C.P.L.R.”) Article 16.
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`7.
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`This action is filed pursuant to C.P.L.R. §205-a.
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`3 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`b. Defendant ST. JAMES REHABILITATION & HEALTHCARE CENTER
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`8.
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`According to the New York Department of Health, defendant ST JAMES OPERATING,
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`LLC is the owner and operator of the nursing home facility at located at 275 Moriches Road, St James,
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`New York 11780, County of Suffolk, known as ST JAMES REHABILITATION & HEALTHCARE
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`CENTER.
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`9.
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`That at all times relevant hereto, the term “nursing home” shall refer to and include
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`defendants ST JAMES OPERATING, LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE
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`CENTER, ABC CORPORATION and/or ABC PARTNERSHIP, the owner(s) and operator(s) of same, as
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`well as any agents, representatives, employees, care givers, nurses, directors, doctors, physician’s assistants,
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`or staff members of said facility or corporations.
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`10.
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`Defendant ST JAMES OPERATING, LLC d/b/a ST JAMES REHABILITATION &
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`HEALTHCARE CENTER is located at 275 Moriches Road, St James, New York 11780.
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`11.
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`That at all times hereinafter mentioned, upon information and belief, defendant ST JAMES
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`OPERATING, LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER was and still is a
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`domestic corporation, duly organized under and existing by virtue of the laws of the State of New York.
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`12.
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`That at all times hereinafter mentioned, upon information and belief, the defendant, ST
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`JAMES REHABILITATION & HEALTHCARE CENTER, was and still is a business entity doing business
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`within the State of New York.
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`13.
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`That at all times hereinafter mentioned, upon information and belief, defendant ST JAMES
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`REHABILITATION & HEALTHCARE CENTER maintained its principal place of business in the County
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`of Suffolk, State of New York.
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`14.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was authorized to do business and to operate a nursing home facility located
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`at 275 Moriches Road, St James, New York 11780.
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`4 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`15.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES OPERATING, LLC
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`d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER was and is the owner of a certain
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`nursing home facility located at 275 Moriches Road, St James, New York 11780.
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`16.
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`That at all times hereinafter mentioned, upon information and belief, defendant ST JAMES
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`REHABILITATION & HEALTHCARE CENTER was the lessor of the aforesaid nursing home facility.
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`17.
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`That at all times hereinafter mentioned, upon information and belief, defendant ST JAMES
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`REHABILITATION & HEALTHCARE CENTER was the lessee of the aforesaid nursing home facility.
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`18.
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`That at all times hereinafter mentioned, upon information and belief, defendant ST JAMES
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`OPERATING, LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER maintained,
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`managed, operated, controlled, supervised, and inspected the aforesaid nursing home facility.
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`19.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER had possession and control of the building and facilities where the aforesaid
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`nursing home facility is located.
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`20.
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`That at all times relevant hereto, upon information and belief, defendant ST JAMES
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`OPERATING, LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER owned the
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`premises and appurtenances and fixtures thereto, located at 275 Moriches Road, St James, New York 11780.
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`21.
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`Prior
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`to and at all
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`times hereinafter mentioned,
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`the defendant, ST JAMES
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`REHABILITATION & HEALTHCARE CENTER, was and still remains engaged in conducting and
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`operating a nursing home facility located at 275 Moriches Road, St James, New York 11780, County of
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`Suffolk, State of New York, and holds itself out to the general public as a facility providing such care and
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`accommodations where patients can be treated by competent and skilled physicians and nursing staff to
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`care for those who are ill.
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`22.
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`Prior to and at all times hereinafter mentioned, the defendant, ST JAMES OPERATING,
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`LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER, was and still remains engaged
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`in conducting and operating a nursing home facility for nursing care located at 275 Moriches Road, St
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`James, New York 11780, County of Suffolk, State of New York, and holds itself out to the general public
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`5 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`as a facility providing such care and accommodations where patients can be treated by competent and
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`skilled physicians and nursing staff to care for those who are ill.
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`23.
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`Prior to and at all times hereinafter mentioned, the defendant, ST JAMES OPERATING,
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`LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER, was and still remains engaged
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`in conducting and operating a nursing home facility for the rehabilitation care of ill and injured persons,
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`located at 275 Moriches Road, St James, New York 11780, County of Suffolk, State of New York, and
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`holds itself out to the general public as a facility providing such care and accommodations where patients
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`can be treated by competent and skilled physicians and nursing staff.
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`24.
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`That at all times relevant hereto, defendant ST JAMES OPERATING, LLC d/b/a ST
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`JAMES REHABILITATION & HEALTHCARE CENTER claimed to provide for the proper care and
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`safety of the residents at their nursing home facility, claimed to provide personnel, including doctors,
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`nurses, attendants, assistance and others for the proper, safety and good treatment of its patients and
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`residents, and held itself out to the general public as furnishing treatment facilities where patients and
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`residents, including plaintiff’s decedent, JACK D. MCHONE, could be provided with proper care and
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`safety.
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`25.
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`That at all times hereinafter mentioned, defendant ST JAMES OPERATING, LLC d/b/a
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`ST JAMES REHABILITATION & HEALTHCARE CENTER represented that its nursing home was
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`competent to perform and render all the resident care, medical care, treatment, services and advice required
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`by plaintiff’s decedent, JACK D. MCHONE.
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`26.
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`That at all times relevant hereto, defendant ST JAMES OPERATING, LLC d/b/a ST
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`JAMES REHABILITATION & HEALTHCARE CENTER was operating a nursing home in the State of
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`New York within the meaning of Article 28 of the Public Health Law and at all times relevant hereto,
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`defendant was under a duty to comply with all duties set forth in that chapter.
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`27.
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`That at all times relevant hereto, nursing homes in the State of New York must comply
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`with all pertinent Federal, State and local laws, regulations, codes, standards and principals, pursuant to the
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`New York Code, Rules and Regulations (NYCRR), 10 NYCRR 415.1 (b)(4).
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`6 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`28.
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`That at all times relevant hereto, nursing homes in the State of New York are required to
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`provide care and services in a manner and quality consistent with generally accepted standards of practice
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`pursuant to 10 NYCRR 415.1(b)(1).
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`29.
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`That at all times relevant hereto, the nursing home of defendant ST JAMES OPERATING,
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`LLC d/b/a ST JAMES REHABILITATION & HEALTHCARE CENTER was and still is a participant in
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`Medicare and Medicaid.
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`30.
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`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
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`the nursing home of defendant ST JAMES OPERATING, LLC d/b/a ST JAMES REHABILITATION &
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`HEALTHCARE CENTER was required to be in compliance with the Federal requirements for long-term
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`care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483.
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`31.
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`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
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`the nursing home of defendant ST JAMES OPERATING, LLC d/b/a ST JAMES REHABILITATION &
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`HEALTHCARE CENTER was and still is aware that it is required to be in compliance with the Federal
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`requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483.
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`32.
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`That under the Code of Federal Regulations, the nursing home facility of defendant ST
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`JAMES REHABILITATION & HEALTHCARE CENTER, must:
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`a. have sufficient nursing staff to provide nursing and related
`services to attain and maintain the highest practicable physical,
`mental, and psycho- social well-being of each resident (42 C.F.R.
`§483.30); and,
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`b. provide, if a resident is unable to carry out activities of daily
`living, the necessary services to maintain good nutrition,
`grooming, and personal and oral hygiene (42 C.F.R. §483.25);
`and,
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`c. ensure that the resident’s environment remains free of accident
`hazards (42 C.F.R. §483.25(h)(1)); and,
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`d. ensure that each resident receives adequate supervision and
`assistance devices to prevent accidents (42 C.F.R. §483.25(h)(2));
`and,
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`e. ensure that a resident maintains acceptable parameters of
`nutritional status such as body weight and protein levels (42
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`7 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`C.F.R. §483.25); and,
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`f. provide an appropriate assessment of each resident entering a
`certified nursing home and the development and implementation
`of an appropriate care plan so that each resident is allowed to
`attain and maintain the highest practicable mental, physical and
`psycho-social well-being (42 C.F.R. §483.1); and,
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`g. ensure that the facility protects the resident from unnecessary
`falls and accidents (42 C.F.R. §483.25(h)); and,
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`h. conduct an initial assessment to determine the resident’s risks
`of falling and develop a care plan that is tailored to address the
`resident’s needs (42 C.F.R. §483.20); and,
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`i. report any resident falls to the attending physician and also to
`the responsible party for the resident and to monitor the resident’s
`complications from the fall; and,
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`j. the nursing home facility further has an obligation to investigate
`the cause of all falls and develop a plan to protect
`the resident from future falls (42 C.F.R. §483.10(10)); and
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`k. conduct initially (no later than 14 days after admission) and
`periodically (after a significant change in the resident’s physical
`or mental condition and in no case, less often than once every 12
`months) a comprehensive, accurate, standardized, reproducible
`assessment of each resident’s functional capacity (42 C.F.R.
`§483.20); and,
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`l. develop a comprehensive care plan for each resident that
`includes measurable objectives and timetables to meet a resident’s
`medical, nursing, and mental and psycho-social needs that are
`identified in the comprehensive assessment. The care plan must
`be developed within 7 days after completion of the comprehensive
`assessment and describe the services that are to be furnished. Also,
`the care plan must be periodically reviewed and revised by a team
`of qualified persons after each assessment (42 C.F.R. §483.20);
`and,
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`m. prevent the deterioration of a resident’s ability to bathe, dress,
`groom, transfer and ambulate, toilet, eat, and to use speech,
`language or other functional communication systems (42 C.F.R.
`§483.25); and,
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`n. ensure that residents receive proper treatment and assistive
`devices to maintain vision and hearing abilities (42 C.F.R.
`§483.25); and,
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`o. ensure that residents do not develop [pressure sores and, if a
`resident has pressure sores, must provide the necessary treatment
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`8 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`and services to promote healing (42 C.F.R. §483.25); and,
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`p. provide appropriate treatment and services to incontinent
`residents to restore as much normal bladder functioning as
`possible and prevent injury tract infections (42 C.F.R. §483.25);
`and,
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`q. provide each resident with sufficient fluid intake to maintain
`proper hydration and health (42 C.F.R. §483.25); and,
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`r. ensure that residents are free of any significant medication errors
`(42 C.F.R. §483.25); and,
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`s. care for its residents in a manner and in an environment that
`promotes maintenance or enhancement of each resident’s quality
`of life (42 C.F.R. §483.15); and,
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`t. promote care for residents in a manner and in an environment
`that maintains or enhances each resident’s dignity and respect in
`full recognition of his or her individuality (42 C.F.R. §483.15);
`and,
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`u. ensure that the resident has the right to chose activities
`schedules, and health care consistent with his or her interests,
`assessments, and plan of care (42 C.F.R. §483.15); and,
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`v. ensure that the medical care of each resident is supervised by a
`physician and must provide or arrange for the provision of
`physician services 24 hours per day, in case of an emergency (42
`C.F.R. §483.40); and,
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`w. provide pharmaceutical services (including procedures that
`assure
`the accurate acquiring, receiving, dispensing, and
`administering of all drugs and biologicals) to meet the needs of
`each resident (42 C.F.R. §483.75); and,
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`x. be administered in a manner that enables it to use its resources
`effectively and efficiently to attain or maintain the highest
`practicable physical, mental and psychosocial well-being of each
`resident (42 C.F.R. §483.75); and,
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`y. maintain clinical records on each resident in accordance
`with accepted professional standards and practices that
`are complete, accurately documented, readily accessible,
`and systematically organized (42 C.F.R. §483.75).
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`33.
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`HEALTHCARE CENTER had the duty to properly complete a comprehensive assessment for plaintiff’s
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`decedent JACK D. MCHONE.
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`9 of 50
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`FILED: SUFFOLK COUNTY CLERK 06/27/2023 05:01 PMFILED: SUFFOLK COUNTY CLERK 04/17/2024 11:51 PM
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`NYSCEF DOC. NO. 1NYSCEF DOC. NO. 73
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`INDEX NO. 615848/2023INDEX NO. 615848/2023
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`RECEIVED NYSCEF: 06/27/2023RECEIVED NYSCEF: 04/17/2024
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`34.
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER had the duty to update a comprehensive assessment for plaintiff’s decedent
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`JACK D. MCHONE and to keep it current.
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`35.
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER had the duty to properly complete a comprehensive care plan for plaintiff’s
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`decedent JACK D. MCHONE.
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`36.
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER had the duty to update a comprehensive care plan for plaintiff’s decedent JACK
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`D. MCHONE and to keep it current.
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`37.
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER, by its officers, employees, agents and/or servants, under OBRA 42 C.F.R.
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`§483.25 and New York State rules and regulations, had the duty to ensure that each resident must receive
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`and the facility must provide the necessary care and services to attain or maintain the highest practicable
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`physical, mental and psycho-social well-being, in accordance with the comprehensive assessment and care
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`plan.
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`38.
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`Prior to and at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER conducted business as a nursing home facility located at 275 Moriches Road,
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`St James, New York 11780, County of Suffolk, State of New York, as licensed and defined under New
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`York Public Health Law Section 2801(2).
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`39.
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`Prior to and at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER conducted business as a residential health care facility located at 275 Moriches
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`Road, St James, New York 11780, County of Suffolk, State of New York, as licensed and defined under
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`New York Public Health Law Section 2801(3).
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`40.
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`Prior
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`to and at all
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`times hereinafter mentioned,
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`the defendant, ST JAMES
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`REHABILITATION & HEALTHCARE CENTER, conducted business as an adult care facility located at
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`275 Moriches Road, St James, New York 11780, County of Suffolk, State of New York, as licensed and
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`defined under New York Public Health Law Section 2801(2).
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`41.
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`That at all times hereinafter mentioned, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER was subject to the provisions of New York Public Health Law Section 2801-c.
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`42.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was a nursing home facility providing therein nursing care to sick, invalid,
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`infirm, disabled or convalescent persons in addition to lodging and board or health related services pursuant
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`to New York Public Health Law Section 2801(2).
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`43.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER is a nursing home as within the meaning of Public Health Law Section
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`2801(2).
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`44.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER is a residential health care facility within the meaning of Public Health Law
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`Section 2801(3).
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`45.
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`Prior to and at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER was a facility subject to the provisions of New York Public Health Law Section
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`2801-d.
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`46.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was a facility subject to the provisions of New York Public Health Law
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`Section 2803-c.
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`47.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was a facility subject to the-provisions of Public Health Law Section 42
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`U.S.C. Section 1395(i) et seq.
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`48.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was a facility subject to the provisions of Public Health Law Section 1396(r)
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`(1990) et seq. as amended by the Omnibus Budget Reconciliation Act of 1987 (OBRA Regulations).
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`49.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER was a facility subject to the provisions of Public Health Law Section 42 Code
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`of Federal Regulations Parts 483, setting Medicare and Medicaid Requirements for long term facilities
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`("OBRA" regulations) as effective October 1, 1990.
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`50.
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`Prior to and at all times hereinafter mentioned, the nursing home operated by defendant ST
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`JAMES REHABILITATION & HEALTHCARE CENTER was a "nursing facility" as defined by 42
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`U.S.C.A. Section 1396(r).
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`51.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER is a licensed nursing home as such term is understood in law.
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`52.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER is a nursing home certified for participation in the Medicare and Medicaid
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`program as an intermediate skilled care facility.
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`53.
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`Prior to and at all times hereinafter mentioned, by reason of selection to participate as a
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`long-term care provider, defendant ST JAMES REHABILITATION & HEALTHCARE CENTER was able
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`to enjoy substantial revenues paid for by tax fare funded government programs.
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`54.
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`Prior to and at all times hereinafter mentioned, the aforementioned government programs
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`provided defendant ST JAMES REHABILITATION & HEALTHCARE CENTER with a guaranteed
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`source of income and a continual flow of residents whose care was paid for by the Medicare and Medicaid
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`program or some other taxpayer funded program.
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`55.
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`Prior to and at all times hereinafter mentioned, plaintiff-decedent, was the type of resident
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`whose care was paid for by the government and was the type of resident defendant ST JAMES
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`REHABILITATION & HEALTHCARE CENTER actively sought in order to fill their empty beds, increase
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`their rate of occupancy, and overall revenues.
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`56.
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`At all times relevant to this Complaint, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER was a proprietary corporation engaged in the for-profit operation of a nursing
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`home, which claimed to “specialize” in the care of helpless individuals who are chronically infirm, mentally
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`dysfunctional and/or in need of nursing care and treatment.
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`57.
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`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
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`decedent and other patients whose care was funded by the government were placed at their nursing home,
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`defendant ST JAMES REHABILITATION & HEALTHCARE CENTER held itself out to the New York
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`Department of Health, the New York Department of Social Services and the public at large as being skilled
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`in the performance of nursing, and other medical support services.
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`58.
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`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
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`decedent and other patients whose care was funded by the government were placed at their nursing home,
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`defendant ST JAMES REHABILITATION & HEALTHCARE CENTER held itself out to the New York
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`Department of Health, the New York Department of Social Services and the public at large as being
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`properly staffed, supervised and equipped to meet the total needs of their nursing home residents.
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`59.
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`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
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`decedent and other patients whose care was funded by the government were placed at their nursing home,
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`defendant ST JAMES REHABILITATION & HEALTHCARE CENTER held itself out to the New York
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`Department of Health, the New York Department of Social Services, and the public at large as being able
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`to specifically meet the total nursing, medical and physical therapy needs of plaintiff’s decedent and other
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`residents like him.
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`60.
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`Prior to and at all times hereinafter mentioned, defendant ST JAMES REHABILITATION
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`& HEALTHCARE CENTER, its principals, supervisors, agents, officers, employees, independent medical
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`personnel, independent contractors, and/or Administrator; Assistant Administrator; Director of Nursing;
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`Assistant Director of Nursing; Medical Director; Assistant Medical Director, or any or all of its corporate
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`defendant stockholders, employees, independent medical personnel and/or independent contractors, or
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`those of its nursing home, and all staff and personnel affiliated with defendant, were all well aware of the
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`medical conditions and the care that plaintiff’s decedent required, represented that they could adequately
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`care for his needs, and persuaded the plaintiff’s decedent and decedent's family to that effect.
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`61.
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`That at all times relevant hereto, plaintiff’s decedent, JACK D. MCHONE, was a resident
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`at defendant’s facility located at 275 Moriches Road, St James, New York 11780, County of Suffolk, State
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`of New York, and was under the care and management of defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER.
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`62.
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`That at all times relevant hereto, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER stood in such a relationship with plaintiff’s decedent JACK D. MCHONE, as
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`to make it liable for the acts and omissions of its doctors, nurses, staff and employees.
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`c. Defendants ABC Corporation and ABC Partnership
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`63. That at all times hereinafter mentioned, upon information and belief, defendant ABC
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`CORPORATION was and still is a foreign or domestic corporation, duly organized under and existing by
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`virtue of the laws of the State of New York. ABC CORPORATION is designated with a fictitious name
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`because its identity and legal name is unknown to plaintiff at this time.
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`64.
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` That at all times hereinafter mentioned, upon information and belief, defendants ABC
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`PARTNERSHIP was and still is a foreign or domestic partnership, duly organized under and existing by
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`virtue of the laws of the State of New York. ABC PARTNERSHIP is designated with a fictitious name
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`because its identity and legal name is unknown to plaintiff at this time.
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`65.
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` Based on information and belief, defendant ST JAMES REHABILITATION &
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`HEALTHCARE CENTER is owned and operated by defendant ABC CORPORATION and/or ABC
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`PARTNERSHIP, individually, jointly, severally, and in the alternative.
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`STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION
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`66.
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`On December 31, 2019, the World Health Organization (herein after referred to as “WHO”)
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`China Country Office was informed of dozens of cases of pneumonia of unknown etiology detected in
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`Wuhan City, Hubei Province of China.
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`67.
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`In or around January 2020, Defendants were made aware of severe acute respiratory
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`syndrome coronavirus 2 (SARS-CoV-2) spreading world-wide and nationally, known colloquially as the
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`coronavirus, that caused severe medical distress and death in individuals who caught the disease, especially,
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`the elderly.
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`68.
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`On January 7, 2020, the viral outbreak in Wuhan, China was identified as a new type/strain
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`of coronavirus, 2019-nCoV (hereinafter referred to as “novel coronavirus”).
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`69.
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`SARS-CoV-2 is known and documented to cause a debilitating and deadly disease, the
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`Coronavirus disease 2019(hereinafter, “COVID-19”).
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`70.
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`On January 11, 2020, Chinese state media reported its first known death from the novel
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`coronavirus.
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`71.
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`On January 12, 2020, China shared the genetic sequence of the novel coronavirus for
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`countries to use in developing specific diagnostic kits.
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`72.
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`On January 20, 2020, Japan, South Korea and Thailand reported their first confirmed cases
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`of the novel coronavirus. On that same day, the head of a Chinese government coronavirus team confirmed
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`that the novel coronavirus outbreak was transmitted by human-to-human contact, which was a development
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`that put medical facilities, institutions, and long-term skilled nursing facilities on notice of the possibility
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`that the novel corona virus could spread quick