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VICTIM OF ANTI-SEMITIC ATTACK FILES MALPRACTICE SUIT AGAINST REHAB CENTER FOR IGNORING MEDICAL DIRECTIVES, CAUSING FURTHER INJURY




One of Dion Marsh's victims has just filed a complaint alleging malpractice by the rehab center which treated him following Marsh’s horrific antisemitic attack.


A series of whirlwind events which occured on Friday April 8, 2022 still remain raw in our minds.


On that day, Dion Marsh of Manchester - then 27 years old - carried out a series of violent assaults on members of the Orthodox Jewish Community in and around Lakewood. Each of Marsh’s victims was attired in traditional garments worn by members of the Orthodox Jewish community and was assaulted because they were visibly identifiable as Orthodox Jews.


Specifically, at 1:18 p.m. in Lakewood, Marsh forced a man readily identifiable by his appearance as an Orthodox Jew out of his car, assaulting and injuring him. Marsh took control of the man’s car and drove away.


At 5:20 p.m., Marsh was in Lakewood driving a different car when he deliberately struck another visibly identifiable Orthodox Jewish man with the vehicle, attempting to kill the victim.


At 6:06 p.m., Marsh used that second vehicle to deliberately strike another man identifiable by his appearance as an Orthodox Jew, attempting to kill the victim and causing him to suffer several broken bones.


At 6:55 p.m., Marsh, once again using the vehicle that he had stolen from the first victim, struck and attempted to kill another man readily identifiable as an Orthodox Jew while he was walking in Lakewood. Marsh got out of the vehicle and stabbed the man in the chest with a knife, causing the victim to suffer serious injuries.


At 8:23 p.m., Marsh, still using the vehicle that he had stolen from the first victim, deliberately struck another visibly identifiable Orthodox Jewish man who was walking in nearby Jackson Township, New Jersey, attempting to kill the man and causing him to suffer several broken bones and internal injuries.


One of the victims, Yigal Goldberg, sustained horrific injuries and underwent numerous surgeries.


According to a lawsuit just filed in New Jersey Superior Court in Ocean County by Newark Attorney Margo Zemel Esq.:


At one point, Yigal was transferred from Jersey Shore University Medial Center to Jewish Home for Rehabilitation and Nursing, which provides specialized, acute care, including intensive rehabilitation and skilled nursing.


Jewish Home was instructed that he was to engage in non-weight-bearing activity only due to severe injury to his lower extremities. They were advised, or should have been aware through the exercise of due diligence, that he was forbidden from and unable to tolerate any weight-bearing activity.


On or about April 26, 2024, two staff members came to collect him to take him to Rehabilitation. They directed him to get up and get into the wheelchair.


He was seated in bed at the time.  He told the staff members that he could not get up and get into the wheelchair. The staff members grabbed him by both wrists and pulled him in order to get him in a standing position, in direct contravention of his medical directives. They then placed him into a Hoyer Sling and into a wheelchair.


This occurred on three separate occasions.


On the third occasion, there was only one staff member rather than the mandatory two staff members present to help him. As a result, on this occasion, his leg was dangling off the sling; and he was made to stand weight-bearing - directly against doctor’s orders.


When returned to his bed after the third trip, his leg was swollen and discolored, but none of the the staff members noticed. It was not until Yafet came to visit that the condition of his leg was noted.


Yafet called an ambulance, and Yigal was transported back to the hospital, where he was immediately operated on. The screws in his back were dislodged and could not be reattached as the bone had shattered. As a result, Yigal got new screws and a rod in his back. The surgeon who operated told him not to go back to Jewish Home.


The complaint contains 5 counts against the facility and its staff, including professional malpractice, negligence, and per quod, and demands judgment for damages, interest, and costs of suit.


The defendants have 35 days to answer the complaint.


On June 17, 2022, U.S. Magistrate Judge Douglas E. Arpert ordered Marsh detained in federal prison without bail pending trial "because the defendant poses a danger to the community and a risk of flight." Earlier this year, Marsh pled guilty to both state and federal charges. Sentencing on the state charges is set for July 26. He has a negotiated plea agreement of 30 years in state prison without the possibility of parole. Sentencing on the federal charges is set for July 23. He has a negotiated plea agreement of 14-15 years which will run concurrently to the remainder of the undischarged term of imprisonment imposed on the state charges.


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2 comments:

Anonymous said...

Good! It is awful that Yigal was injured and had to suffer more due to gross negligence.

Anonymous said...

My mother has been a patient of the Jewish Home on five different occasions. They were initially wonderful and treated her with the best care and respect of any inpatient rehab facility around here. Then something changed in 2023 they were understaffed and even those staff that were wonderful and helpful just seemed like they could not care less about her. She was bed bound and had broken bones and it took a few days for her to get some of her pain meds her doctor prescribed. That said all of the occupational and physical therapists were consistently the best. Even during the worst stays she never complained about to men