What Was the East Neck Nursing Home Case?
A 2014 Suffolk County lawsuit alleged that East Neck Nursing and Rehabilitation Center in West Babylon subjected an 85-year-old resident to an unwanted male dancer performance. Howard Fensterman of Abrams Fensterman defended the facility publicly, stating that a 16-member resident activities panel approved the event and that attendance was voluntary.
What the Lawsuit Alleged
The lawsuit was filed in 2014 in Suffolk County Supreme Court by the family of Bernice Youngblood, a resident in her mid-eighties who has partial dementia. It claimed that in September 2012, the facility arranged a performance by a male exotic dancer and that Mrs. Youngblood was photographed during the event without meaningful consent.
According to the complaint, her son discovered the photograph among her belongings in January 2013. The family, represented by attorney John Ray, characterized the event as degrading and sought several million dollars in damages for emotional distress. These are allegations raised in a civil complaint, and they reflect the plaintiff’s position rather than findings of fact.
How Abrams Fensterman Defended the Facility
Speaking for the facility, Howard Fensterman did not dispute that a performance took place, but stated that it was an approved resident activity rather than misconduct by staff. He explained that a 16-member panel of residents voted to hold the event, that the facility approved the activity and paid the $250 fee, and that residents had requested the entertainment themselves.
The Facility’s Position
Fensterman emphasized that the residents were competent adults entitled to choose their own activities, noting that they were in their eighties but could still decide what they wanted for entertainment. He also stated that Mrs. Youngblood attended voluntarily and was accompanied by a family member visible in the photograph, not by facility staff.
What the News 12 Long Island Segment Covered
The News 12 Long Island segment featured Mr. Fensterman presenting the facility’s account directly to the camera, centering on the photograph at the heart of the dispute. In the coverage, Fensterman identified the family member he said was at Mrs. Youngblood’s side during the performance and visible in the image, using that detail to support the facility’s position that her attendance was voluntary and accompanied.
What This Representation Reflects
Reputation-threatening litigation against a healthcare facility often plays out in the press before it is ever decided in court, which makes a clear and disciplined public response part of the defense. Managing Partner Howard Fensterman handled both the legal posture and the media narrative for the facility, presenting a single coherent account across multiple outlets. The matter reflects the firm’s broader work for healthcare providers and long-term care facilities through its Health Law practice, where defending institutions in high-exposure disputes is a recurring need.
Frequently Asked Questions
Who represented East Neck Nursing and Rehabilitation Center?
Howard Fensterman, Managing Partner of Abrams Fensterman, represented the facility and served as its public spokesperson during the litigation.
What was the central dispute in the case?
The plaintiff’s family alleged that an 85-year-old resident with partial dementia was subjected to an unwanted male dancer performance, while the facility maintained that the event was a resident-approved activity she attended voluntarily.
Did the residents approve the performance?
According to Howard Fensterman, a 16-member panel of residents voted to hold the event, and the facility approved the activity and paid the $250 fee.
Where is East Neck Nursing and Rehabilitation Center located?
The facility is located in West Babylon, on Long Island in Suffolk County, New York.
Speak with Howard Fensterman
For more than 25 years, Managing Partner Howard Fensterman has represented hospitals, nursing homes, physicians, healthcare organizations, and other institutional clients in complex litigation, regulatory matters, and high-profile disputes. If your organization is facing a significant legal challenge or matter attracting public attention, Abrams Fensterman is prepared to provide experienced, strategic representation.