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Southbridge Care Homes has been hit with at least two nursing home neglect lawsuits alleging it failed to protect its residents from the spread of COVID-19.
At least 96 staff and 225 residents have reportedly been infected by COVID-19 at the nursing home, and at least 74 people have died from the illness, making the facility the Ontario nursing home that has been hardest hit by the spread of the novel coronavirus.
The first Ontario nursing home lawsuit was filed by the family of former resident Paul Parkes, who died at the long-term care home on April 15. They allege his death was a “direct result” of negligence and breach of contract.
According to the Ontario nursing home lawsuit, Southbridge Care Homes failed to properly care for Parkes and communicate with his family about his medical condition.
Parkes, 86, had reportedly lived at Orchard Villa, a 294-bed long-term care and retirement home operated by Southbridge Care Homes, since November 2019. His family says they were told on April 6 that there had been a flu outbreak at the Ontario nursing home.
They reportedly spoke with Parkes on the phone on April 9 and observed that he was not well. Later that day, they were reportedly informed that another resident at the long-term care home had tested positive for COVID-19.
According to the Ontario nursing home neglect lawsuit, residents continued to eat meals in the dining room despite the risk of COVID-19 spreading to residents and staff.
As Parkes’ health began to deteriorate, the family allegedly asked that he be transferred to a hospital on April 14 but they were informed that he could not be transferred. The next day, they received a call that Parkes had passed away.
On April 18, it was confirmed that Parkes had tested positive for COVID-19. The Ontario nursing home lawsuit alleges that Southbridge Care Homes “fell below the reasonable standard of care required in the circumstances, including during the COVID-19 pandemic.”
Southbridge Care Homes allegedly failed to have an adequate visitor policy in place within a reasonable timeframe and failed to implement adequate sanitation practices to reduce the risk of spreading COVID-19 to residents and staff of the long-term care home.
Parkes’s family is seeking more than $1.5 million in damages.
“I think at the front of this we have a broken system in long-term care that long proceeded COVID-19 that is being absolutely broken by this pandemic,” Melissa Miller, a lawyer representing the family, told CTV News Toronto.
“These homes had an obligation within the legislation and the regulations to have in place proper protocols for emergency situations and outbreaks and it just doesn’t look like that was done,” she said.
A second nursing home neglect lawsuit was filed last week against Southbridge Care Homes following the death of 95-year-old former resident George Morrison.
According to the Ontario nursing home lawsuit, Morrison’s situation was similar to that experienced by Parkes and his family. Southbridge Care Homes reportedly announced on March 14 that it was going into lockdown and would no longer allow visitors due to the COVID-19 pandemic.
However, Morrison’s family was not notified that there was an actual COVID-19 outbreak at the facility until April 18 when they learned about the outbreak through media reports.
Morrison’s daughter says she spoke to him on the phone and became aware that his condition was deteriorating and that he showed symptoms of COVID-19 on April 23. Morrison was subsequently transferred to hospital and was confirmed positive for COVID-19 on April 29.
Morrison reportedly died in the hospital from COVID-19 on May 3.
The family’s nursing home neglect lawsuit alleges Southbridge Care Homes failed to protect its residents due to “inadequate preventative and response measures to the COVID-19 outbreak.”
The lawsuit alleges that Morrison contracted COVID-19 due to the long-term care home’s “negligence, breach of contract and breach of fiduciary duty.” Southbridge Care Homes allegedly failed to meet the appropriate standard of care for its residents.
Morrison’s family claims that Southbridge Care Homes failed to adequately communicate with them about his condition when he first started showing COVID-19 symptoms and when he tested positive.
Further, the Ontario nursing home allegedly failed to conduct regular assessment to observe, record and report any changes in his condition.
Southbridge Care Homes also allegedly did not have an adequate supply of personal protective equipment available for visitors, residents and staff. The Ontario nursing home also allegedly permitted infected staff and visitors to enter the long-term care facility.
“They knew or ought to have known that a failure to adequately supply or use PPE for visitors, residents and staff would be a danger to the residents,” the nursing home neglect class action lawsuit states.
Morrison’s family seeks $1 million in damages.
What do you think about these nursing home neglect lawsuits? Do you think the nursing homes could have done more to prevent COVID-19 from spreading to residents and staff? Tell us your thoughts in the comment section below!
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