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Rosh Hashanah that was to take place on September 18, 2001. Ms.
Mirowski told Ariella Rosengard that she intended to bring
various desserts for that open house, as she had done in past
years.
On September 3, 2001, Ginat Mirowski, her husband, and her
two children visited Ms. Mirowski at Johns Hopkins Hospital. At
that time, Ginat Mirowski and her family expected Ms. Mirowski to
return home after she received antibiotics and surgical treatment
for her foot ulcer. Between that time and September 10, 2001,
the day before Ms. Mirowski died, Ginat Mirowski and her family
communicated multiple times with Ms. Mirowski. At those times,
Ms. Mirowski sounded quite upbeat and spoke of feeling well.
On September 6, 2001, Ariella Rosengard left the United
States in order to attend a medical conference in Strasbourg,
France (Strasbourg). While in France, Ariella Rosengard spoke to
Ms. Mirowski on each of the days September 7, 8, and 9, 2001, and
believed that her mother’s life was not in jeopardy on any of
those days. At that time, Ariella Rosengard (1) understood that
her mother was receiving, as she had in the past, intravenous and
surgical treatment for her foot ulcer and (2) expected her mother
to return home at the conclusion of that treatment. If Ariella
Rosengard had believed that her mother’s health was rapidly
declining on September 6, 2001, such that her mother’s life was
in jeopardy, she would not have left the United States to attend
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