Calandra v. Borges

Calandra v Borges

2025 NY Slip Op 30434(U)

February 4, 2025

Supreme Court, New York County

Docket Number: Index No. 107172/2009

Judge: Kathy J. King

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: HON. KA THY J. KING PART 06

Justice

----------------------------------------------------------------- ----------------X INDEX NO. 107172/2009

THOMAS M. CALANDRA,

01/04/2023,

MOTION DATE 01/04/2023

Plaintiff,

MOTION SEQ. NO. _ _0_0_2_0_0_3_---l

- V -

NICOLE LYNN BORGES, LANCE JUNG, LOUIS EMMER,

THOMAS E FEALEY, FRANK SCAFURI, STATEN ISLAND

PHYSICIAN PRACTICE, P.C., ST. SAINT VINCENTS

CATHOLIC MEDICAL CENTERS OF NEW YORK, BRIDGE DECISION + ORDER ON

REGIONAL HEALTH SYSTEM AKA RICHMOND

MOTION

UNIVERSITY MEDICAL CENTER, CLOVE LAKES HEALTH

CARE AND REHABILITATION CENTER, INC.

Defendant.

------------------------------------------------------------------- --------------X

The following e-filed documents, listed by NYSCEF document number (Motion 002) 21, 22, 23, 24, 25,

26,27,28,29,30, 31,32,33,34, 35, 36, 37,38,39,40,41,42, 43,44,45,46,47,48,49,50, 51, 52, 53,

54, 81

were read on this motion to/for JUDGMENT-SUMMARY

The following e-filed documents, listed by NYSCEF document number (Motion 003) 55, 56, 57, 58, 59,

60,61,62,63,64,65,66,67,68,69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80

were read on this motion to/for JUDGMENT-SUMMARY

Upon the foregoing papers, and after oral argument, Defendants, Nicole Lynn Borges,

M.D. ("Dr. Borges"), Lance Jung ("Dr. Jung"), and Staten Island Physician Practice ("SIPP")

(Motion Seq. No. 02) move, pursuant to CPLR 3212, for an order granting Defendants summary

judgment and dismissal of the Plaintiff's complaint in its entirety, as there are no triable issues of

fact to present to a jury, and directing the Clerk to enter judgment accordingly.

Defendant Clove Lakes Health Care and Rehabilitation Center, Inc. ("Clove Lakes")

(Motion Seq. No. 03), seeks an order granting summary judgment, pursuant to CPLR 3212, and

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 1 of 12

Motion No. 002 003

1 of 12

[* 1]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

dismissing all claims alleged against it with prejudice, and directing the Clerk to enter judgment

in Defendant's favor 1.

Plaintiff opposes the motions.

Thomas M. Calandra ("Plaintiff') initiated this action as Administrator of the Estate of

Maryanne Calandra ("decedent"), who died on May 30, 2007. The Plaintiff's complaint sets

forth two causes of action: medical malpractice, including vicarious liability by SIPP and Clove

Lakes, and wrongful death.

The departures alleged by the Plaintiff involve care and treatment rendered to the

decedent by the respective moving Defendants from November 27, 2006, through the date of her

death on May 30, 2007. During that time, the decedent developed a wound to the posterior side

of her right knee after wearing a brace, and was treated by Dr. Borges, who was assigned as her

primary care physician by SIPP, and Dr. Jung, who performed a Surgical consult during an

admission to Richmond University Medical Center ("RUMC"), from December 2, 2006, through

December 8, 2006. The wound was also treated during an admission to Clove Lakes from

December 8, 2006, through January 6, 2007. On January 6, 2007, the decedent was transferred

back to RUMC, suffering from sepsis from the right leg wound. At that time, it was documented

that the decedent had developed a Stage III decubitus ulcer to her right hip. The decedent was

diagnosed with gangrene and necrotizing fasciitis of the right leg, and an above-the-knee

amputation was performed on January 8, 2007. The decedent's condition continued to

deteriorate, requiring multiple hospitalizations and surgeries, until her death.

1

Motion Seq. No.02 and 03 are consolidated for disposition.

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 2 of 12

Motion No. 002 003

2 of 12

[* 2]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

Plaintiff claims that Defendants SIPP and Drs. Borges and Jung, who were employees of

SIPP, departed from generally accepted standards of medical care in failing to monitor, and

timely and properly treat the decedent's right leg abscess.

Plaintiff also alleges that Defendant Clove Lakes departed from generally accepted

standards of care by, inter alia, failing to timely and properly evaluate, monitor, and treat the

decedent's right leg wound; failing to provide decedent with proper nutritional support; and

allowing multiple decubiti to develop and progress, including a Stage III ulcer to the decedent's

right hip. Plaintiff asserts that the alleged departures caused the decedent's injuries including,

inter alia, infection, necrotizing fasciitis, gangrene, right leg above-the-knee amputation, sepsis,

and ultimately death.

THE INSTANT MOTIONS

A proponent of a summary judgment motion must make prima facie showing of

entitlement to judgment as a matter of law by submitting admissible evidence that demonstrates

the absence of material issues of fact that would require a trial (see Alvarez v Prospect Hosp., 68

NY2d 320 [1986]; Winegradv New York Univ. Med Ctr., 64 NY2d 851 [1985]). In a medical

malpractice action, a movant must provide evidentiary proof in the form of expert opinions and

factual evidence establishing that the defendant complied with accepted standards of medical

care and practice, obtained informed consent; and/or the defendant's conduct was not a

proximate cause of Plaintiff's alleged injuries (see N.Y Public Health Law§ 2805-d; see also

Alvarez, 68 NY2d at 325). To satisfy the burden on a motion for summary judgment, a Defendant

must address and rebut specific allegations of malpractice set forth in the Plaintiffs' bill of

particulars (see Wall v Flushing Hosp. Med Ctr., 78 AD3d 1043 [2d Dept 2010]; Grant v

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 3 of 12

Motion No. 002 003

3 of 12

[* 3]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

Hudson Val. Hosp. Ctr., 55 AD3d 874 [2d Dept 2008]; Terranova v Finklea, 45 AD3d 572 [2d

Dept 2007]).

Once the Defendant establishes prima facie entitlement to judgment as a matter of law,

the burden shifts to the Plaintiff to demonstrate the existence of a triable issue of fact by

submitting an expert's affidavit or affirmation attesting to a departure from accepted medical

practice and opining that the Defendant's acts or omissions were a competent producing cause of

the Plaintiff's injuries (see Roques v Noble, 73 AD3d 204, 207 [1st Dept 2010]; Landry v

Jakubowitz, 68 AD3d 728 [2d Dept 2009]; Luu v Paskow ski, 57 AD3d 856 [2d Dept 2008]).

SUMMARY JUDGMENT AS TO DRS. BORGES AND JUNG AND SIPP

(MOTION SEQ. NO. 02)

In support of their motion, Drs. Borges and Jung, and SIPP submit the affirmation of Dr.

Bruce Farber ("Dr. Farber"), a board-certified Internal Medicine and Infectious Disease

physician. Based upon his review of the pleadings, relevant medical records, and deposition

testimony, he opines with a reasonable degree of medical certainty, that the Defendants did not

depart from the standard of care in treating the decedent, and that no act or omission by the

Defendants proximately caused decedent's injuries and death. Dr. Farber opines that the

decedent's alleged complaints were not caused by the treatment rendered by Drs. Borges and

Jung, and were likely caused by her numerous co-morbidities, including uncontrolled type II

diabetes, chronic obstructive pulmonary disease, hypercholesteremia, smoking and a prior stroke.

Dr. Farber opines that there was no evidence of gangrene, necrotizing fasciitis, decubitus ulcers

or sepsis while decedent was under the care of Drs. Borges and Jung.

Dr. Farber opines that Dr. Borges properly evaluated and treated the decedent's leg

wound by providing wound care, counseling decedent on managing her diabetes, and continuing

antibiotic therapy which had been prescribed by a different medical provider one day prior. He

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 4 of 12

Motion No. 002 003

4 of 12

[* 4]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

further opines that Dr. Borges made well documented assessments, and timely, promptly, and

appropriately referred decedent to a neurologist, podiatrist, and nutritionist for follow-up care,

and to Dr. Jung for more extensive wound care and treatment. Dr. Farber notes Dr. Borges' very

limited involvement in the decedent's care, which occurred on two occasions - November 13,

2006, and November 27, 2006.

Dr. Farber opines that Dr. Jung's involvement in the decedent's care involved only one

examination as a Surgery consult on December 3, 2006, and in that capacity, he reviewed prior

care, and timely and appropriately examined decedent's right leg. Upon examination, Dr. Jung

noted right leg cellulitis, a superficial ulcer on the posterior knee, right calf tenderness, a faintly

palpable right distal pulse, and an elevated white blood count. He discussed her condition with

the health care team and ordered a stat venous duplex to rule out a deep vein thrombus. Dr. Jung

was never called for further consultation and appropriately understood decedent to be under the

care of specialists in Infectious Disease, Vascular Surgery, and Internal Medicine. Dr. Farber

opines that in Dr. Jung's role as a Surgery consult, his care and treatment of the decedent's right

leg met the applicable standard of care.

Dr. Farber opines that SIPP acted within the appropriate standard of care, and that no care

rendered through SIPP proximately caused any of the alleged injuries by the decedent including

her right leg amputation and ultimate death. Dr. Farber notes that while under the care of SIPP

physicians, the decedent was given an appropriate course of antibiotics for an adult patient with a

possible emergent skin infection, was advised of the possible complications of this wound given

her co-morbidities and was provided with a multitude of referrals to additional providers to

address this right leg wound. He indicates that the decedent's care and treatment was extensively

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 5 of 12

Motion No. 002 003

5 of 12

[* 5]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

documented by SIPP physicians at each presentation and that decedent's failure to follow-up

with additional providers and physician advice was not medical negligence by SIPP.

In further support of their motion, Defendants submit the affirmation of Dr. George Todd

("Dr. Todd"), board certified in Vascular Surgeon, who opines to a reasonable degree of medical

certainty, that the care and treatment provided to the decedent by Defendants Drs. Borges and

Jung and SIPP was appropriate and within accepted standards of care, and that no act or omission

by the Defendants proximately caused the decedent's alleged injuries or death. Dr. Todd opines

that Dr. Borges properly tested the decedent for any emergent ambulatory problems, ordered

laboratory studies and x-rays of the decedent's spine and right knee, and made appropriate

specialist referrals. Dr. Todd concurs with the opinion of Dr. Farber that Dr. Borges

appropriately maintained the decedent on antibiotic therapy, provided wound care, and counseled

the decedent about the dangers of skin irritation with uncontrolled diabetes.

Dr. Todd opines that Dr. Jung timely, properly, and appropriately advised the decedent's

care team of his impression and recommendations upon consultation. Dr. Todd further opines

that in his role as a Surgery consult, Dr. Jung acted within the standard of care in evaluating the

decedent's right leg wound as superficial, and in maintaining the course of antibiotic therapy that

had been in place prior to his examination of the decedent. He opines that Dr. Jung's role was to

provide opinions from a General Surgery perspective, and that he appropriately relied on other

team members to manage care and make relevant decisions concerning the decedent's treatment.

Dr. Todd opines that SIPP's care of the decedent in November and December 2006, was

within the standard of care, and that decedent was given an appropriate course of antibiotics, was

advised of the possible complications of the wound based on her co-morbidities and was given

wound care and numerous referrals to specialists. Dr. Todd's opinion contradicts the claims in

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 6 of 12

Motion No. 002 003

6 of 12

[* 6]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

plaintiffs Bill of Particulars which allege, in sum, that SIPP, Drs. Borges and Jung, and other

non-party employees, was negligent in providing appropriate care to the decedent and allowed

her leg wound to develop an infection, require an amputation, and eventually lead to death.

Based on the expert affirmations of Drs. Farber and George, the Court finds that Drs.

Borges and Jung, and SIPP have established their prima facie entitlement to summary judgment

as a matter of law based that they did not depart from good and accepted standards of care in

treating the decedent's right leg wound and did not proximately cause the decedent's alleged

injuries and death.

Since Drs. Borges and Jung, and SIPP have established their entitlement to summary

judgment on Plaintiff's medical malpractice cause of action, summary judgment is also

warranted as to the Plaintiff's wrongful death cause of action (see Roques v Noble, 73 AD3d at

206, quoting Obregon v NY & Presbyt. Hosp., 2012 NY Slip Op 3068l[U] [Sup Ct, NY County

2012], citing Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). "When medical malpractice

forms the basis of a wrongful death action, in establishing that he/she did not proximately cause

the injuries alleged to have caused plaintiffs death, a defendant establishes prima facie

entitlement to summary judgment as to the wrongful death action as well," (Roques v Noble, 73

AD3d 204, 206 [1st Dept 2010]).

SUMMARY JUDGMENT AS TO CLOVE LAKES

(MOTION SEQ. NO. 03)

In support of its motion, Clove Lakes submits the affirmation of Dr. Norman Chideckel, a

board-certified Surgeon, and a fellow of the American College of Wound Specialists who opines,

to a reasonable degree of medical certainty.

Dr. Chideckel opines that the decedent's death was caused by the worsening status of her

right lower extremity and related co-morbidities, which were present upon her transfer to Clove

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 7 of 12

Motion No. 002 003

7 of 12

[* 7]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

Lakes, and not due to any acts or omissions on the part of Clove Lakes. He notes that upon

arrival at Clove Lakes the decedent had a Stage I ulcer on the right posterior knee. He opines

that the nursing staff consistently charted her vital signs, and blood glucose levels, and contacted

the physician on call as needed concerning any abnormalities. Dr. Chideckel opines that the

medical staff, including Dr. Thomas E. Fealey ("Dr. Fealey"), the Medical Director and

Plaintiff's primary care physician at the facility,2 made appropriate changes in wound care

management to address the worsening condition of decedent's right leg wound by using

specialized dressings and administering oral and/or intravenous antibiotics. He further opines

that appropriate interventions were implemented to prevent further pressure ulcers from

developing, including providing protective skin care and turning and positioning the decedent

every two (2) hours, and that supplements and oral feedings were increased, among other things,

to prevent nutritional deficiency. Dr. Chideckel notes that during her month-long admission,

decedent had been afebrile, however in January 2007, when she became febrile and lethargic she

was appropriately transferred to the hospital for further care and management. 3

Defendant Clove Lakes has established its prima facie entitlement to summary judgment

based on the record evidence and expert affirmation of Dr. Chideckel, which demonstrates that

Defendant Clove Lakes did not depart from the standard of care in rendering care and treatment

2

At his deposition, Dr. Fealey testified that during the time period at issue he was employed by Defendant

Clove Lakes as the Medical Director of the facility, which Clove Lakes has not disputed.

3

The Court shall not consider the supplemental expert affirmation of Dr. Chideckel since "[t]he purpose of

a reply affidavit or affirmation is to respond to arguments made in opposition to the movant's motion and not to

introduce new arguments or grounds in support of the relief sought" (see Gelaj v Gelaj,164 AD3d 878, 879 [2d Dept

2018]; see also Matter ofKennelly v Mobius Realty Holdings LLC, 33 AD3d 380 [1st Dept 2006]; (CPLR 2214).

Contrary to Clove Lakes' contention, the Plaintiff's opposition and supporting expert affirmation do not raise new

arguments or claims. Plaintiff's expert addresses allegations properly pled in the bill of particulars relating to

Defendant's failure to take appropriate measures to prevent further decubitus ulcers from developing, such as the

one on decedent's right hip.

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 8 of 12

Motion No. 002 003

8 of 12

[* 8]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

to the decedent's right leg; in implementing measures to prevent infection and the development

of further decubitus ulcers; and in providing proper nutritional support to the decedent.

Defendant Clove Lakes has also established, prima facie, that the departures alleged by the

Plaintiff did not proximately cause the decedent's claimed injuries and death.

PLAINTIFF'S OPPOSITION TO MOTION SEO. 02 & 03

In opposition to the respective motions of the moving Defendants', the Plaintiff submits

the expert affirmation of a board certified in Surgery and Vascular Surgery, whose name is

redacted. 4 Expert A opines, to a reasonable degree of medical certainty, that the Defendants' care

and treatment of the decedent did not comport with the standards of good and accepted medical

practice and caused the decedent's alleged injuries and death.

As a threshold matter, the Court finds that the contention of Defendants Drs. Borges and

Jung and SIPP, that the Plaintiff's expert is not qualified to render an opinion as a board-certified

Surgeon and Vascular Surgeon, without merit. "A medical expert need not be a specialist in a

particular field in order to testify regarding accepted practices in that field; however, the expert

must be possessed of the requisite skill, training, education, knowledge or experience from which

it can be assumed that the opinion rendered is reliable" (Kiernan v Arevalo-Valencia, 184 AD3d

727, 729 [2d Dept 2020]). Thus, where a physician testifies outside of his or her area of expertise

a proper foundation must be laid which supports the opinion rendered (Id.). Here, the

qualifications of Expert A, as set forth in the affirmation, include having served as the medical

director of a large wound center and treating hundreds of patients with pressure ulcers.

According to the affirmation, Expert A also oversaw the wound care center's successful

accreditation by the Joint Commission on Healthcare Accreditation. As such, the Court finds that

4

Plaintiff has redacted the expert's name pursuant to CPLR 3 lOl(d) and shall be referred to herein as

Expert A.

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 9 of 12

Motion No. 002 003

9 of 12

[* 9]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

a proper foundation has been laid, and Expert A is qualified to render an opinion as to the care

and treatment rendered to the decedent by the moving Defendants.

Expert A opines that Dr. Borges departed from accepted standards of care in treating the

decedent's right leg abscess on November 27, 2006, in that he failed to admit her to the hospital

for treatment and possible surgical drainage or alternatively, failed to ensure that decedent was

evaluated by a surgeon that day on an outpatient basis. The Plaintiff's expert opines that Dr. Jung

departed from the standard of care when treating the decedent on December 3, 2006, by failing to

debride or drain the right leg wound to prevent further progression of the infection, and failing to

continue evaluation and treatment of the decedent until the right leg abscess was resolved. Expert

A further opines that Dr. Jung departed from the standard of care on December 18, 2006, when

he saw the decedent on an outpatient basis, by failing to properly evaluate the decedent's right

leg wound, which required readmission to the hospital for intravenous antibiotics and surgical

intervention.

Expert A opines that Defendant Clove Lakes departed from accepted standards of care

in: 1) failing to measure the depth of the wound to determine whether deep tissue and/or bone

was infected; 2) failing to have the decedent examined and treated by a wound care physician;

3) failing to order intravenous antibiotics and treat the wound with the proper topical ointment;

4) failing to obtain a surgical or vascular consult; 5) failing to implement measures to prevent

decubitus ulcers from developing, such as turning and positioning the decedent every two hours;

and 6) failing to provide decedent with proper nutritional support.

The Court finds that Plaintiff, in opposition, has raised triable issues of fact based on the

affirmation of Expert A that preclude a grant of summary judgment as to whether the moving

Defendants, Drs. Borges and Jung, SIPP and Clove Lakes departed from the standard of care in

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 10 of 12

Motion No. 002 003

10 of 12

[* 10]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

rendering care and treatment to the decedent, and whether such departures caused the decedent's

alleged injuries and wrongful death. It is well-settled that conflicting expert opinions in a

medical malpractice claim cannot be resolved on summary judgment (see Matthew v DeRose,

223 AD3d 474,476 [1st Dept 2024]; see also Ayers v Mohan, 182 AD3d 479,480 [1st Dept

2020]).

Specifically, Plaintiff's expert affirmation raises issues of fact as to whether Defendant

Dr. Borges, departed from the standard of care in treating the decedent's leg abscess on

November 27, 2006, by failing to ensure that the decedent was evaluated by a surgeon on an

outpatient basis or alternatively, by failing to admit her to the hospital for possible surgical

drainage on that date. As to Dr. Jung, Plaintiff has raised issues of fact concerning whether he

departed from the standard of care when treating the decedent on December 3, 2006, by failing to

debride or drain the right leg wound and by failing to continue evaluation and treatment of the

right leg wound; and on December 18, 2006, by failing to admit the decedent to the hospital for

intravenous antibiotics and surgical intervention.

Based on the Court's determination that Plaintiff has raised issues of fact as to whether

SIPP's employees, Dr. Borges and Jung, departed from accepted standards of care, questions of

fact also exist as to whether SIPP is vicariously liable for their acts and/or omissions (see

Ciceron v Gulmatico, 220 AD3d 736, 738 [2d Dept 2023] [holding that "[i]n general, under the

doctrine of respondeat superior, a hospital may be held vicariously liable for the negligence or

malpractice of its employees acting within the scope of employment ... "]).

As to Defendant Clove Lakes, the Court finds that Plaintiff has raised issues of fact as to

whether Defendant Clove Lakes is liable for the acts or omissions of its employee Dr. Fealey, for

departing from the standard of care by, among other things, failing to properly evaluate the right

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 11 of 12

Motion No. 002 003

11 of 12

[* 11]

[FILED: NEW YORK COUNTY CLERK 02/04/2025 12:28 P~ INDEX NO. 107172/2009

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/04/2025

leg wound; failing to obtain appropriate consults; failing to have a wound care physician

examine and treat the decedent; failing to properly treat the infection; and failing to take

appropriate steps to prevent the development of further decubitus ulcers.

The Defendants' remaining contentions are without merit and shall not be addressed by

the Court.

Accordingly, it is hereby

ORDERED, that the motion of Defendants Dr. Borges, Dr. Jung, and SIPP (Motion Seq.

02) are denied; and it is further

ORDERED, that the motion of Defendant Clove Lakes (Motion Seq. 03) is denied; and

it is further

ORDERED, that a settlement conference is scheduled for April 1, 2025, at 2:30 p.m.

2/4/2025

DATE

~

CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

APPLICATION:

CHECK IF APPROPRIATE:

GRANTED

SETTLE ORDER

0 DENIED

INCLUDES TRANSFER/REASSIGN

8 GRANTED IN PART

SUBMIT ORDER

FIDUCIARY APPOINTMENT

□ OTHER

□ REFERENCE

107172/2009 CALANDRA, THOMAS M. vs. BORGES, NICOLE LYNN Page 12 of 12

Motion No. 002 003

12 of 12

[* 12]