Nassau Court Upholds $5M Verdict for Family of Veteran Neglected at Freeport Nursing Home
Port Washington, United States – February 11, 2026 / Parker Waichman LLP – Personal Injury Accident Attorneys /
A Nassau County Supreme Court judge has upheld a $5 million jury verdict against South Shore Rehabilitation and Nursing Center, a case recently highlighted by Newsday for its “egregious” evidence of neglect. The ruling finds that the facility’s failure to provide basic care directly contributed to the death of 69-year-old Army veteran and retired postal worker Henry Serrapica.
In a decision issued January 14, Justice Christopher McGrath denied the nursing home’s post-trial motions to set aside the verdict or reduce damages. The court’s affirmation preserves the jury’s findings of negligence and violations of New York State public health law.
Court Cites “Persistent” Neglect
The upheld verdict includes $1 million in punitive damages, an award the court determined was warranted based on the severity of the evidence presented at trial.
In the decision, Justice McGrath wrote: “The evidence entered reflected not only the negligent treatment of the pressure ulcers resulting in death but showed instances where [Mr. Serrapica’s] dignity was compromised that was not based on mere carelessness, but rather persistent instances that support the jury’s punitive damages award.”
Medical Evidence and Conditions
Mr. Serrapica was admitted to South Shore Rehabilitation following a stroke and pneumonia. Although his care plan required staff to reposition him every two to four hours, trial evidence indicated that this protocol was not consistently followed. He subsequently developed multiple Stage 4 pressure ulcers, including wounds to his heel, ankle, arm, pelvis, back, and buttocks.
During his final hospitalization, medical records documented an unstageable pressure injury near his pelvis measuring approximately 16 inches by 9 inches. Physicians diagnosed him with osteomyelitis, sepsis, and septic shock.
Family testimony further described unsanitary living conditions. Relatives reported finding Mr. Serrapica without pants, in soiled diapers, or near vomit that had not been cleaned. Records also showed that during his residency, he lost nearly 40 pounds and suffered six falls.
Legal Positions
Ryan McAllister, the Port Washington-based attorney for the Serrapica family, stated that the court’s decision and the subsequent media attention underscore the gravity of the case.
“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.”
In court filings, South Shore Rehabilitation argued that the verdict was excessive and duplicative. The facility maintained that staff followed appropriate care protocols and that Mr. Serrapica received treatment from physicians and nursing personnel.
Facility History
New York State Department of Health records show that South Shore Rehabilitation and Nursing Center has received 28 health or life safety code violations since October 1, 2021. The facility has also been fined a total of $14,000 for deficiencies cited during inspections dating back to May 2018.
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