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Woman standing in window with walker regarding the nursing home class action lawsuit filed after 31 senior deaths

The daughter of a woman who died while in a care facility has filed a nursing home class action lawsuit against Residence Herron in Montreal.

Lead plaintiff, Barbara Schneider, says that her mother died of COVID-19 while at the care facility, in addition to other deaths, after the owners of the home essentially abandoned staff and residents without proper equipment or resources to deal with the spreading virus.

The nursing home class action lawsuit alleges the owners “subjected the residents of the CHSLD Herron to neglect, mistreatment, pain and discomfort, and have robbed them of their dignity.”

These deaths are now under police investigation after a series of fatalities linked to the virus occurred, according to The Star. The Star also reports that there are 61 confirmed cases of coronavirus at the residence.

According to the nursing home lawsuit, Barbara’s 93-year-old mother had been in residence at Residence Herron since February. At the care facility, she required help getting dressed and bathing, but was mobile with the assistance of a walker. The plaintiff says she paid $4,500 a month to the care facility.

Barbara alleges that she was able to visit and speak with her mother until March 14, 2020. That’s when the province mandated no visitors in senior residences due to the coronavirus pandemic and the plaintiff was limited to phone calls. Ten days later the phone calls stopped after Residence Herron informed the plaintiff that some residents had tested positive for COVID-19.

The plaintiff in the nursing home class action lawsuit claims she was able to talk to her mother on April 8 and was shocked by how much her condition had deteriorated. Barbara alleges that her mother was in “noticeably poor health,” “emaciated,” and “almost unrecognizable.” Her mother died two days later.

“It’s horribly ironic that she was supposed to get more care and assistance with her eating and dressing, and overall care needs … and she received the exact opposite,” the plaintiff’s lawyer in the nursing home class action lawsuit told The Star.

According to another statement the plaintiff’s attorney made to CTV News, the nursing home had completely abandoned their residents. People were left “malnutritioned, dehydrated, emaciated, unclothed, lying in their feces and urine,” the lawyer told reporters.

The Star reports that a total of 31 residents died at the facility and that a regional health authority had to take legal action before the owners allowed officials to come in.

The owner and operator of Residence Herron has stated that a regional health authority took over on March 29. They claim that the authority was in charge when the deaths associated with coronavirus occurred. In addition, they say that the company and staff made “extraordinary efforts” to care for residents in the midst of the coronavirus pandemic.Senior man holding his face regarding the nursing home class action lawsuit filed after 31 seniors die

According to a CTV News report, an employee of the nursing home said that staff did not receive adequate training in the face of the coronavirus pandemic.

“When I showed up it was complete chaos… there was no real leadership,” the anonymous employee told reporters. “They’re not screening the staff to see if we’re sick or if we have a fever. Although there’s a sign at the door that says “check-in point temperature taking,” no one is taking our temperature.”

The premier of Quebec has reportedly said that the number of deaths at the nursing home “looks a lot like major negligence.” According to CBC News, COVID-19 has hit elder care facilities especially hard in the province, but the death toll at Residence Herron stands out.

Barbara alleges in her nursing home class action lawsuit that her mother, along with other residents, were not appropriately cared for by Residence Herron. The proposed class action lawsuit, which will still need to be authorized by a Canadian court, alleges that the facility “subjected the residents…to neglect [and] mistreatment.”

The nursing home class action lawsuit seeks to represent three classes. The first includes the estates of deceased residents and current residents. The second includes immediate family members of the residents. The third proposed class includes current residents and the estates of deceased residents for alleged violations of their rights under the personal security and dignity provisions of the Canadian Charter of Rights and Freedoms.

The proposed nursing home class action lawsuit is seeking at least $2 million to be split amongst Class Members.

Have you or a family member been affected by coronavirus in a nursing home or senior care facility? Tell us your story in the comment section below.

The plaintiff and proposed Class Members are represented by Kugler Kandestin.

The Nursing Home Class Action Lawsuit is Schneider v. Residence Herron.

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