Northwood Long-Term Care Class Action Lawsuit Adds Nova Scotia

A long-term care COVID-19 class action lawsuit lodged against the Northwood facility has been expanded to include the Nova Scotia government as a defendant.

Lead plaintiff, Erica Surette, alleged in the proposed class action lawsuit that the Northwood nursing home, located in Halifax, failed to properly care for her mother during the COVID-19 outbreak, ultimately leading to her death at the age of 66.

According to the Northwood long-term care class action lawsuit, problems with the nursing home began in 2017 when Erica’s mother, Patricia West who suffered from diabetes and dementia, was transferred to a shared room despite concern from family members. While her mother was eventually transferred to a smaller, private room, Erica says that the problems continued, with caregivers directing her mother to wash herself in her in-room sink because there was not enough personnel to assist her in the shower.

The pattern of neglect and disregard for her mother’s vulnerabilities continued, alleges the plaintiff, as COVID-19 spread. According to the Northwood long-term care class action lawsuit, Erica’s mother was transferred back into a shared room in the midst of the pandemic in late March. Erica says she received numerous calls from her mother complaining about a rodent infestation in her new room and concerns about verbal outbursts from her roommate.

Erica alleges that her calls to facility operators to inquire about how long her mother would be in a shared room went unanswered. Erica alleges that her mother’s condition continued to deteriorate and, after getting mixed or no responses about whether her mother had tested positive for COVID-19, Erica says the facility finally informed her on April 13 that her mother had tested positive for the virus, but would be kept in her room, at this point, without a roommate.

According to the Northwood long-term care class action lawsuit, Erica’s mother was moved to a hospital and placed on a ventilator on April 19, but succumbed to the virus on April 22, 2020.

The plaintiff alleges that her mother was one of many victims who caught COVID-19 at Northwood due to the operator’s failure to implement proper protective measures. When the coronavirus pandemic was announced, Northwood Halifax failed to take measures to help stop the spread of the disease, claims the proposed Nova Scotia class action lawsuit.

“As global alarm continued to grow over COVID-19, Northwood Halifax continued to operate a crowded Long-Term Care Facility in a manner involving close contact between approximately 600 Residents and 400 staff-members, which would ultimately facilitate the spread of infection, including COVID-19,” alleges the proposed Northwood long-term care class action lawsuit.

The complaint states that residents were allowed to share dining areas, personal care items, soap, and even rooms with those who may have been infected. Additionally, the facility failed to provide necessary protective equipment, including masks and gowns. Further, claims the proposed Northwood long-term care class action lawsuit, staff were not screened and permitted free access to the facility.

“There are questions as to why shared rooms were even allowed, why there was no support or oversight ensuring that residents had appropriate physical space and accommodations and why staff did not have needed protective equipment during the pandemic,” the plaintiff told reporters.

According to the proposed long-term care COVID-19 class action lawsuit, on April 5, a staff member tested positive for the virus. This staff member had allegedly spread the disease throughout the facility, says the complaint, leading to deaths of residents on a near-daily basis through the remainder of April and May.

The Guardian reports that, of Nova Scotia’s 63 coronavirus related deaths, all but 10 have occurred at the Northwood long term care facility in the months of April and May.

“The threat of COVID-19 to Residents and staff was clear and so too were the steps necessary to prevent its spread. Northwood Halifax knew, or ought to have known, that elderly residents should not be housed in a Long-Term Care Facility with hundreds of other elderly residents and staff members, all in close proximity with one another, and without appropriate and effective physical distancing and quarantining measures in place,” states the complaint.

The proposed long-term care COVID-19 class action lawsuit accuses Northwood and other defendants of negligence when it came to care of residents during the outbreak.

“Northwood Halifax knew, or ought to have known, that restrictions regarding visitors, shipments, and access to multiple areas of the Facility, along with the provision of Personal Protective Equipment, were necessary to keep its staff and Residents safe,” contends the complaint. “Despite mounting evidence of a serious threat, Northwood Halifax did not act; and, when they did act, it was futile, inadequate, and ultimately too late to prevent death and serious illness.”

The long-term care COVID-19 class action lawsuit also alleges that the government of Nova Scotia was remiss in its oversight of long-term care facilities in the province.

Proposed Class Members include family members or other representatives of residents of the Northwood Halifax long term care facility who died from COVID-19 or related complications while living in the home between March 15, 2020 and the present.

Have you or a loved one been affected by a COVID-19 outbreak in a long-term care facility? Tell us what happened in the comment section below!

The lead plaintiff and proposed Class Members are represented by Raymond F. Wagner of Wagners Law Firm.

The Northwood Long-Term Care COVID-19 Class Action Lawsuit is Surette v. Northwoodcare Group Inc., et al., Case No. 498376, in the Nova Scotia Supreme Court, Canada.

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