Veteran's widow alleges negligence against VA over husband's care


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A lawsuit has been filed against the United States, alleging negligence and medical malpractice in the care of a veteran at the Northport VA Medical Center. The complaint was submitted by Cheryl F. Gagliano, the widow of Raymond B. Gagliano, on Nov. 14, 2024, in the U.S. District Court for the Eastern District of New York.

The case involves Raymond B. Gagliano, who was treated at Northport VAMC from December 13, 2020, to May 13, 2021. During this period, Gagliano, who had dementia and hypertension, was still able to perform basic self-care tasks upon admission.

According to the complaint, due to inadequate care, he developed severe pressure ulcers and other injuries that caused significant pain and suffering before his death on November 30, 2021.

Gagliano was admitted to the VA Medical Center for dementia evaluation while awaiting long-term care placement, as his wife, Cheryl F. Gagliano, could no longer manage his care. He was identified as high-risk for pressure sores and falls, but the lawsuit alleges he did not receive proper preventive measures or timely treatment.

On February 27, 2021, a large sacral wound was noted, but it was not properly managed or documented. By March 22, 2021, the wound had progressed to stage three with necrosis, yet no appropriate intervention was made.

The plaintiff claims that healthcare providers at Northport VAMC failed to provide adequate monitoring and care, directly contributing to Gagliano’s suffering and eventual death from complications related to untreated conditions.

Cheryl Gagliano is seeking $1 million in compensatory damages for the pain and suffering her husband endured. She is also seeking damages for the loss of companionship and economic losses resulting from the alleged inadequate care.

Representing the plaintiff is attorney Robert B. Austrian from Grandelli & Eskenasi, along with Brewster S. Rawls, Glen H. Sturtevant Jr., and Melissa D. Kouri of Rawls Law Group. Case I.D. 1:24-cv-07930.

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