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Another class action lawsuit has been filed against a nursing home, this time Niagara Falls area facility Lundy Manor, over allegations that operators failed to implement policies protecting residents from COVID-19 transmission.
The proposed Lundy Manor COVID-19 class action lawsuit is seeking $20 million on behalf of residents and their families. The complaint alleges that, in the midst of the pandemic, operators continued to allow the use of communal dining facilities and even hosted group events, like card games and a pub night.
“The owners of Lundy Manor failed to implement policies that were well known and obvious which would have prevented infection and saved lives,” said the lawyer representing the proposed Class Members in a statement. “Some of the grieving families have lost both parents.”
The lead plaintiff, Irene Bobyk, alleges that her mother died after contracting COVID-19 while living at Lundy Manor. Her mother, Rose, passed away at a nearby hospital. Irene told CBC News that she was unable to be present when her mother died and only four people could attend her funeral, all wearing masks, while friends came to the cemetery, but stayed in their cars.
According to reports, Bobyk’s mother paid nearly $3,000 a month to live in the home. She enjoyed socializing, according to her daughter, and helped new residents get oriented when they moved in. Bobyk told reporters that she is angry at Lundy Manor for the way they handled the coronavirus.
“I wanted to make sure this class action suit was going to happen, and if that meant me being the person in the front, then that’s the way it is,” Bobyk told reporters.
The defendant named in the complaint, Oxford Living, began operating the home in October of 2019.
According to the Lundy Manor COVID-19 class action lawsuit, the operators of the home should have been aware of provincial guidance regarding the transmission of coronavirus in senior care facilities issued back in January. That guidance noted that residents of nursing homes were at greater risk of contracting the disease because of their age, the prevalence of underlying conditions, and the communal living facilities.
Despite these advisories and the World Health Organization’s declaration that COVID-19 had become a pandemic on March 11, 2020, Lundy Manor allegedly held a girls’ basketball demonstration on March 12.
The Lundy Manor COVID-19 class action lawsuit alleges a number of other problematic activities that could have contributed to the outbreak of the virus at the facility. The complaint alleges that the operators of the facility did not implement physical distancing in communal dining areas after directives from the province were issued. In fact, according to the lawsuit, the same day that Ontario’s chief medical officer prohibited groups of five or more people, March 28, Lundy Manor held a pub night for residents.
“They failed to institute reasonable measures to prevent COVID-19 from infecting residents of Lundy Manor, such as undertaking proper screening of visitors and practicing social distancing,” alleges the class action lawsuit. Further, the Oxford Manor “allowed groups of residents to continue playing cards on a nightly base and continued to host bingo games, with numerous individuals handling the same playing cards and bingo cards.”
The complaint also cites lack of staffing during the outbreak, noting that, at one point, there was only one nurse on duty for the entire facility.
An area health unit has since declared a coronavirus outbreak at the facility. On April 2, 2020, there were 13 confirmed cases of COVID-19 at Lundy Manor, according to CBC News. Since then, 18 residents have died, states Thorold News.
Nursing Homes Ravaged by Coronavirus Outbreaks
Nursing homes in Ontario and other provinces have reportedly been disproportionately affected by the COVID-19 outbreak in the area. The Lundy Manor COVID-19 class action lawsuit is far from the first accusing the operators of a senior care facility of failing to protect their vulnerable relatives.
Indeed, families of residents who have become ill and died, as well as nurses and other medical staff have claimed that these facilities failed to implement policies that would have protected residents and staff. Accusations range from withholding vital personal protective equipment to allowing staff to work at multiple residencies, and even forcing staff to work while sick.
Residents and their family members have alleged that some facilities have kept them in the dark about their loved one’s condition. In addition, homes have been accused of failing to provide adequate medical treatment to residents with the virus.
Do you or a loved one reside in Lundy Manor or another nursing home impacted by a coronavirus outbreak? Tell us your story in the comment section below.
The lead plaintiff and proposed Class Members are represented by Gary Will of Will Davidson LLP.
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