Shepherd’s Care Foundation Hit With Class Action Lawsuit After COVID Outbreak

Shepherd’s Care Foundation, a non-profit long-term care facility located in south Edmonton, has been hit with a $8.1 million class action lawsuit alleging negligence in the wake of a deadly outbreak of COVID-19.

Plaintiff Angelena Larson alleges Shepherd’s Care Foundation breached its duty of care and left residents of its Millwoods care facility “unnecessarily exposed” to COVID-19.

The statement of claim was filed Oct. 28 in the Edmonton Court of Queen’s Bench.

“At all relevant times, the defendants had an obligation to safeguard the life, health and dignity of residents and to ensure continued and adequate care,” the proposed Shepherd’s Care Foundation class action lawsuit reportedly states.

“The defendants knew that the residents of Shepherd’s Care Millwoods were among the most vulnerable in the population of contracting severe to fatal symptoms.”

COVID-19 Outbreak Leads to 13 Deaths

According to CBC News, a COVID-19 outbreak was declared at the Millwoods care facility on Sept. 25. Since the outbreak was declared, 63 residents and 47 staff members have reportedly tested positive for COVID-19, and 13 residents have died.

The “index case” for the outbreak was allegedly a resident who had nine different visitors in the previous two weeks. Visitors were no longer allowed at Millwoods during the COVID-19 outbreak.

The proposed Shepherd’s Care Foundation class action lawsuit alleges that the care home failed to ensure adequate staffing at the facility, failed to properly segregate residents and failed to perform regular testing for COVID-19.

Larson also claims that staff were not properly trained and the facility was not adequately sanitized to protect residents and staff from contracting COVID-19. Further, the proposed COVID-19 outbreak class action lawsuit alleges that Millwoods residents and their family members were not warned about the COVID-19 outbreak at the facility.

In some cases, Shepherd’s Care Foundation allegedly failed to notify family members when a loved one tested positive for COVID-19.

Lawyer Rick Mallett, who is representing Larson and the proposed Class, says the COVID-19 outbreak spread very quickly in the Millwoods facility.

“In less than six weeks or so, you went from almost no cases to over 100,” he said. “And that was the primary concern.”

Shepherd’s Care says it worked closely with Alberta Health Services to contain the COVID-19 outbreak.

Shepherd’s Care COVID-19 Outbreak Class Action Lawsuit Allegations

Larson’s mother was reportedly a resident of Millwoods and became infected with COVID-19 during the outbreak at the facility. She subsequently died from COVID-19 complications.

“There were inadequate, if any, measures taken by the defendants to prevent the plaintiff’s mother from becoming infected with COVID-19,” Larson alleges in the Shepherd’s Care Foundation class action lawsuit.

She says she is not alone, and filed the proposed COVID-19 outbreak class action lawsuit on behalf of herself and a proposed Class of current and former residents who became infected with COVID-19 while living at the Millwoods facility as well as any children, spouses or partners of residents who became ill or died.

“The first thing you hear is the grief and the tremendous emotion, the difficulty in losing someone and not being able to be with them, as you’d like to be during their last moments,” Mallett said about the families involved in the COVID-19 outbreak class action lawsuit.

“And then it turns to, ‘Why did this happen? Why was this so different?’ I think that’s the question we’re hearing a lot.”

The Shepherd’s Care Foundation class action lawsuit is seeking compensation for pain and suffering caused by COVID-19 and/or the loss of a loved one from COVID-19.

Shepherd’s Care said in a statement to CBC News that it will vigorously fight the proposed COVID-19 class action lawsuit. The foundation also states that it invested more than $4 million for additional staffing, personal protective equipment and other measures in response to the COVID-19 crisis.

COVID-19 Causes Widespread Disruption in Canada

Millwoods is not the only care facility to face legal action over an allegedly inadequate response to the COVID-19 pandemic. According to a recent COVID-19 outbreak class action lawsuit, Good Samaritan Society senior care home in Edmonton was allegedly negligent in its response to the pandemic, resulting in the deaths of more than 30 residents.

The COVID-19 pandemic has brought widespread disruption throughout Canada. As governments imposed significant restrictions to try to slow the spread of COVID-19, many businesses and employees took a significant financial hit. Numerous lawsuits and class action lawsuits have already been filed over matters related to COVID-19, and many such cases are likely to be winding their way through the courts for years to come.

Have you or someone you love tested positive for COVID-19 while residing in a long term care facility? How was the situation handled? Tell us about your experience in the comment section below.

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