October 16, 2026
Jury Awards $3.6 million in punitive damages in addition to more than $3.2 million in compensatory damages.
NEW YORK, NY – A Dutchess County jury returned a class action verdict in favor of the plaintiff on all claims, holding Sapphire Nursing at Wappingers, LLC liable for depriving residents of their right to sufficient staffing under New York State and federal law. The jury also found four individual defendants, Machla Abramczyk, Esther Farkovits, Richard Platschek, and Robert Schuck, liable as controlling owners of the 62-bed facility. After hearing evidence demonstrating the inadequate care and unsafe conditions residents experienced, the jury awarded over $3.2 million to compensate plaintiffs and $3.6 million in punitive damages against Sapphire Nursing and Richard Platschek.
At trial, the evidence showed that defendants’ failure to properly staff Sapphire Nursing at Wappingers led to severe neglect. Residents were not timely bathed, cleaned, fed, medicated, or properly clothed, and were frequently left in soiled garments and bedding for extended periods, sometimes leading to illness and infection. The jury found the nursing home was understaffed every day of the Class Period,
“On behalf of our brave clients who brought these claims that defendants deprived residents of their statutory right to sufficient staffing, I am thankful to the jury for returning such a thoughtful and deliberate verdict and damages award,” said Leslie Kroeger, a partner at Cohen Milstein and lead trial attorney for the plaintiffs. “We hope this verdict sets an important precedent for nursing home and assisted living facilities in New York. If they do not abide by state law requirements to properly operate their facilities and care for residents, we will help residents hold them accountable. Nursing home residents deserve quality care and treatment. It’s the law.”
“I am so grateful to the jury and the court for listening to our claims about the egregious understaffing and care at Sapphire Nursing at Wappingers,” said Susan Schmidt, the lead plaintiff who brought the suit on behalf of her mother, Regina Pinkall, and other residents of Sapphire Nursing at Wappingers. “What we witnessed and what my mother and other residents experienced was unconscionable. I am glad our claims are now a part of the court record and justice has been served.”
Filed in 2019, the class action was brought under New York Public Health Law § 2801-d, which allows nursing home and residential health care facility residents to sue for the deprivation of rights and benefits established for their well-being by state and federal law. The lawsuit alleged that the defendants failed to staff a sufficient number of nurses and aides, thereby depriving the facility’s residents of the level of care required under New York and federal law
The severe understaffing and resulting harm to residents was previously documented in 2018 during an inspection by the New York State Department of Health. The state reported that nursing and aide shortage led to patients being left in bed for long periods of time, put to bed early, and forced to endure delays in incontinence care, among other issues.
Further evidencing this lack of adequate care, the federal Centers for Medicare & Medicaid Services’ Nursing Home Compare website currently gives Sapphire Nursing at Wappingers a one-star rating, designating it “much below average.”
The Plaintiff and the Class members in Susan Schmidt, for Regina Pinkall, et al. v. Sapphire Nursing at Wappingers, LLC, et al, Case No. 2019-52328, (NY Sup., Dutchess Cty.) are represented by Leslie M. Kroeger, Takisha D. Richardson, Rachael Flanagan, and Diana L. Martin of Cohen Milstein Sellers & Toll LLP; and Jeremiah Frei-Pearson, John Sardesai-Grant, and Erin Kelley of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP.
About Cohen Milstein Sellers & Toll LLP
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Finkelstein, Blankinship, Frei-Pearson & Garber, LLP
Finkelstein, Blankinship, Frei-Pearson & Garber, LLP is deeply committed to helping regular people who have been wronged by powerful businesses. Based in White Plains, NY, the firm proudly represents consumers, employees, and others who have been harmed by corporate greed and unlawful practices. As evidenced by our track record of success, the firm has the talent and resources to help win the toughest cases.