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WILLIAMSVILLE, N.Y. (WIVB) – When a resident of Brompton Heights Senior Living Facility was treated at ECMC after being found lying in the snow wearing only a nightgown, she had a core body temperature of 82.5 degrees.

That’s according to a Department of Health report on the incident, which News 4 obtained on Wednesday.

The incident happened in December 2017. The woman, Alice Klosko, who was 87 at the time, later died in January 2019, according to Michael Scinta, an attorney with BrownChiari who represents her estate.


Kaleida will pay a $500,000 penalty to Medicaid as reimbursement for lack of care.

BUFFALO, N.Y. — Latifa Johnson says the grief she felt when her 16-month-old son died in 2015 has returned.

Johnson gave birth to triplets, two girls and a boy. The boy, Jameir, had a problem with his airway so he had a breathing tube administered.

As a result, she was advised to have him under care at Kaleida’s HighPointe, a nursing facility, for the cold and flu season. Read More…

An $85,925 fine against Safire Rehabilitation of Southtowns was the fifth-largest federal fine imposed on a nursing home in New York State in the last three years.

State Department of Health inspectors in May 2016 found that a licensed practical nurse at the Buffalo nursing home failed to disinfect a shared blood glucose meter when testing up to 20 residents, including two who had known communicable bloodborne diseases.

Other LPNs who cleaned glucose meters at the Dorrance Avenue facility were not using the proper cleaning agents, “germicidal or bleach wipes,” but instead using alcohol swabs, according to the Health Department. Read more…


It was 7:30 a.m. on Thursday, May 21st when Harold Perryman of Shortsville called Elm Manor Rehabilitation and Nursing Center in Canandaigua.

Each morning he would call-in to wish his wife Beatrice, “Bea” good morning as she would start her own day – but that didn’t happen on this particular occasion.

Instead of hearing her voice, the phone kept ringing. It rang. It rang. It rang, and no answer. His daily routine had been disrupted.

That had never happened before out of all the times he contacted his beloved Bea while at Elm Manor.

As soon as the phoneline dropped, he immediately called back at 7:35 a.m. only to find-that his wife passed, according to the nurses’ station. Read more…


The law firm of Brown Chiari LLP pursued a claim on behalf of Andrew C. Huegel. Days ago, Court of Claims Judge J. David Sampson awarded Huegel almost $2.2 million.  Read more…

According to The Buffalo News, Assisted Living Facilities must take back residents who were hospitalized under suspicion of having the COVID-19 virus if they have no symptoms.  This mandate applies even if the residents tested positive for the virus.  Read more…

The Centers for Medicare & Medicaid Services (CMS) and the Centers for Disease Control and Prevention (CDC) recently issued new recommendations to long-term care facilities.  For more information, see Long-Term Care Facility Guidance.

Dear Clients, Colleagues and Friends,

Foremost in our minds is the health, safety and well-being of all of you during this COVID-19 outbreak. Our thoughts are with those affected and we appreciate the efforts of our healthcare worker and governmental leaders.

As this situation evolves, we wanted to let you know what you can expect from Brown Chiari during this period of concern.

We have taken steps to ensure that our service to clients will continue uninterrupted while implementing procedures to protect our people and our clients.

– Our lawyers, paralegals and support staff are fully prepared and equipped to work remotely with the same level of security and accessibility to systems as they would from our offices. Our availability will not be compromised in any way.

– We have taken all steps to reduce or eliminate unnecessary contact. We are making every effort to remotely carry out scheduled matters. We have enlisted a video conferencing company to assist with client meetings, and we have begun to schedule new events, including depositions and mediations.

– Our attorneys are reviewing matters for any opportunities to move them forward remotely.

Above all, we want everyone to be safe and healthy. We wanted to ensure you that while staying safe, we are making every effort to continue efficiently helping our clients.


personal injury attorney buffalo nyNine attorneys at Brown Chiari LLP were selected as Super Lawyers for 2019. Super Lawyers is a rating service of exceptional lawyers in over 70 practice areas. In each state, only 2.5% of attorneys are selected as Rising Stars, and 5% of attorneys are selected as Super Lawyers.

Through a patented multiphase selection process, each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

The following Brown Chiari attorneys were selected for this year’s Super Lawyers:

● Donald P. Chiari, Personal Injury – General
● James E. Brown, Personal Injury – General
● Colleen Fahey, Personal Injury – Medical Malpractice, Civil Litigation
● Michael C. Lancer, Personal Injury – General
● James M. Mucklewee, Personal Injury, Medical Malpractice, Personal Injury – General, Personal Injury – Products
● David W. Olson, Personal Injury – General
● Michael C. Scinta, Personal Injury – General

Rising Stars:

● Angelo Gambino, Personal Injury – Medical Malpractice, Personal Injury – General, Personal Injury – Products
● Andrea Conjerti, Personal Injury – General, Health Care

Brown Chiari is very proud of the team’s dedication, ambition, and professionalism.


Donald P. Chiari, of Brown Chiari LLP, was recently inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The association is known for their high standards, and they ensure their members are diverse, ethical, professional and exemplify collegiality. Membership status is an elite opportunity, as it cannot include more than one percent of the lawyer population in any given state.

Chiari was also selected by his peers as the Best Lawyers in America 2020 Edition “Lawyer of the Year” for his work in Medical Malpractice Law–Plaintiffs in Buffalo. Only one lawyer in a specific practice area is selected each year for this achievement. He has also been recognized by Best Lawyers in America for his work in Medical Malpractice Law–Plaintiffs, Personal Injury Litigation–Defendants, and Personal Injury Litigation–Plaintiffs.

Chiari’s respected reputation has secured his title as one of the top lawyers in the nation.

Sometimes, it may be tough to ask for help when we need it. However, hiring a private caregiver may be what you need to reduce stress and burn out. To explain, a private caregiver is someone that is there to take the weight off your shoulders. They could help with running errands, doing chores or taking care of some cleaning. If you’re a senior living on your own, a private caregiver may be the right choice in order to live a happier life in your golden years and beyond, and spend more time with the ones you love.

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Because private caregivers are ‘private’, there is no need to deal with the busy schedules that most medical professionals have. If you have small questions and would like assistance in the comfort of your own home and at your own time, private caregivers are there to help.

Hiring a private caregiver can keep you in routine at home while lessening the load of some of your other responsibilities. That’s important for a lot of seniors, as the thought of being away from home in an assisted living facility could be depressing. Instead, private caregivers can provide a seamless transition from overwhelmed to stress-free. 

Freedom and independence are high on the list for seniors that want to continue to live a meaningful life. Especially when it comes to enjoying hobbies and doing things around the house. This freedom or independence can be stripped from a senior due to a decrease in time and energy. With private caregivers, you’re able to value your time and regain the energy to live the life you’ve been meaning to live. The adjustment to a private caregiver can be tough at first, but the freedom and independence given in return are priceless. 

Family and friends will also gain relief from a private caregiver, knowing that their parent or grandparent is in the right hands. Day-to-day care could be taxing for family members, so leaving the assistance in the hands of a private caregiver could be a great investment for the family’s happiness and well-being. 

Finally, private caregivers can provide comfort as a partner or companion that many seniors sorely miss. While they’re there to help with day-to-day tasks, a good caregiver can provide a social aspect to senior’s lives. When hiring, don’t just look for what a caregiver can do, but be aware of their personality and compatibility, too.  

The decision is never easy. To find the right caregiver for you or someone you love, consider these factors all of the benefits a caregiver could bring. 


Read the full article here.


Medication recalls are typically rare, but they still happen. For those who take daily medication, news of a sudden recall can be very alarming. So before you stop taking your prescribed medication, here’s what the U.S. Food & Drug Administration wants you to know: 

Drug recalls are more common than not, and many are minor. For the most part, recalls can result from something as small as a wording change on the label. However, an example of a more serious recall may include the November 2018 recall, when generic blood pressure medications allegedly posed a serious health hazard to people.

With the proliferation of content and access to information, it’s not hard to find out about recalls. You may hear about a recall through a letter or a visit to your local pharmacy. However, to get the best, most up-to-date information, visit the FDA Drug Recall listing online. 

If something’s wrong with a drug company’s product, it’s usually in their best interest to initiate a recall. That’s why most recalls are voluntary. While the FDA is proactive with their recall requests, drug companies can avoid major litigation and financial liability by conducting a recall. 

It’s most important to stay calm during a recall. The first call you should make, to hopefully ease your nerves, is to your pharmacist or physician. They should be able to advise you on what needs to be done, whether it’s to continue taking your prescribed drug or making a switch to an alternative drug. However, having faith in the FDA is important, as their strict guidelines and procedures for developing drugs are carefully calculated every step of the way. 


Read the full article here.


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