Canadian Troops Could Be Called to Testify in Long-Term Care Homes Class Action Lawsuits

Lawyers representing plaintiffs in long-term care class action lawsuits over coronavirus outbreaks may call members of the Canadian Armed Forces who stepped in to testify, according to recent reports.

CBC News reports that, after stepping in to help in long-term care homes struggling with outbreaks of COVID-19 among their residents, the Canadian Armed Forces uncovered nursing home neglect and cruelty. CBC News says that allegations include bullying, improper feeding, use of drugs on residents, and residents being left in dirty bedding for hours and even days.

In one case, according to the military report on the nursing home abuse, one resident died because of delinquent care. The resident, stated the report, died of choking after they were fed by staff lying down. “Staff were unable to dislodge food or revive the resident,” said the report.

The Canadian Armed Forces report also detailed instances where residents were left in diapers or soiled bedding, rather than being brought to toilets. In addition, rotting food and infestations by flies and cockroaches were reported.

The report noted that staff at these facilities were burned out and overwhelmed, along with being poorly trained by operators, leading to neglect that resulted in inhumane situations. CBC News notes that the report also detailed instances where staff acted aggressively toward residents and even resorted to drugging agitated or difficult residents.

According to CBC News, Canadian Armed Forces were sent into nursing homes in Ontario in an effort to assist operators with the burgeoning coronavirus outbreaks. As a result of the discovery of neglect and abuse, the Forces reportedly conducted assessments of each home and presented them to the Ontario government.

“It’s gut-wrenching,” Ontario Premier Doug Ford told reporters. “Reading this report is the hardest thing I have done as premier.” Premier Ford went on to say that long-term care facilities named in the report may go on to face charges, according to CBC News.

A number of proposed nursing home neglect class action lawsuits have been filed against these care facilities and other nursing homes in Québec and Ontario by residents and family members of residents who say that operators failed to properly protect and care for residents during the coronavirus pandemic. Now, some lawyers representing the plaintiffs say that they will seek testimony from members of the Canadian Armed Forces who stepped in.

“The military is in a position to provide very helpful evidence,” a lawyer for one of the plaintiffs told The Canadian Press, according to a report by the National Post. “They came in as a third party, as an objective observer, and they saw and identified a horrendous and shocking situation that may never have come to the forefront to the extent that it has if not for their involvement.”

A representative for the military told National Post reporters that, should members of the Canadian Armed Forces be called to testify in the proposed class action lawsuits, they may have to oblige.

“Like any other Canadian, CAF members may be called upon as witnesses,” the military spokesperson told reporters. “This situation is no different. Our members will receive all necessary support from the Department of National Defence and the Canadian Armed Forces should it be needed.”

Lawyers pledge that they will do everything they can to gather evidence to support class action lawsuit allegations that the nursing homes failed to properly care for and protect their residents. They have invited members of the Canadian Armed Forces who served in nursing homes to reach out with evidence.

Québec and Ontario Long-Term Care Facilities Plagued by Outbreaks, Lawsuits

The National Post reports that, most recently, over 1,000 members of the Canadian Armed Forces were in nearly 500 long-term care homes in Ontario and 15 homes in Québec.

Indeed, nursing homes have reportedly been disproportionately affected by the COVID-19 outbreak in these provinces. Many proposed nursing home neglect class action lawsuits alleging that a nursing home failed to protect its residents from the coronavirus have been proposed in both provinces as well.

These lawsuits have been filed on behalf of residents, as well as families of residents, who contracted the virus, became ill and died. In addition, nursing and other medical staff have also filed suit alleging the operators of these facilities were negligent when it came to addressing the spread of COVID-19. Defendant long-term care home operators failed to disseminate policies to residents, staff, and visitors that would have protected them, claim the complaints.

Have you or a loved one been affected by the coronavirus outbreak in long-term care homes? Tell us your story in the comment section below!

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