Nursing Home Sues Family That Won Wrongful Death Suit Over Father's Care

A New York nursing home is suing a family that won wrongful death suit.
The New York facility was sued for wrongful death.Yelp

The family calls the action a "slap in the face."

A New York family who won a wrongful death suit against a nursing home over its treatment of their father is being counter-sued by the facility, which is seeking payment for his bill, according to reports.

A jury awarded $1 million to relatives of Salvatore Niosi, an 82-year-old man who choked to death after a nurse gave him a sandwich and forgot to put in his dentures, the New York Post reported. 

Now, Woodhaven Center of Care is suing the family over his outstanding bill, relatives said. "It's a slap in the face. They did wrong. You know, they know they did wrong and it's like they're benefiting from his death," his daughter, Silvia Teixeira, told News12 Long Island.

Niosi had been at the center for six years after several strokes left him paralyzed and unable to speak or swallow, his family said. He died in 2013 after the sandwich he ate became lodged in his throat, relatives said. 

Teixeira filed a wrongful death suit against the home, saying her father's chart noted he was to be given only pureed food. One day before the suit was to go to trial, the nursing home acknowledged responsibility for Niosi's death and the jury was told to decide a monetary award for the man's suffering, the Post reported.

The $1 million award was reached last week.

Teixeira said there was surveillance video of her father's death. 

The nursing home, in turn, sued the family, saying the center is owed for Niosi's care.

A mediation hearing is scheduled for next month, News12 reported.

A message left by for comment from the nursing home was not immediately returned.