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The operators of West End Villa, an Ontario-area senior home, are facing a $16 million class action lawsuit alleging the company failed to appropriately combat a coronavirus outbreak that has killed 19 individuals to date.
West End Villa is also one of the long-term care facilities that was taken over by the Ottawa Hospital after struggling with the second outbreak in the senior home. Now, plaintiffs say that the operator of the home, Extendicare, was negligent when it came to combatting the virus and their actions violated the basic human rights of residents.
Long-Term Care Operator Negligent, Says Class Action
The proposed class action lawsuit Canada was filed on behalf of residents and their family members. The lead plaintiffs are Suzanne Zagallai and her mother Peggy Hannon, a resident of West End Villa. Peggy tested positive for COVID-19, reports The CBC.
According to the complaint, the operators of the home failed to prepare for a second outbreak of the virus. Additionally, claim the plaintiffs, residents were not adequately protected in the midst of the second outbreak.
“As a result, there was a mass spread of COVID-19 at West End Villa and the Plaintiffs and the Class Members sustained serious and permanent personal injuries and damages, including death,” the West End Villa class action lawsuit reportedly says.
The complaint alleges that residents and their families were not provided with sufficient information. The plaintiffs claim that they asked for Hannon to be transferred to a hospital after she tested positive for COVID-19, but they never heard back from the home’s operators.
The class action lawsuit also claims that residents have not been properly cared for during the outbreak, suffering from dehydration and malnutrition, as well as other health problems due to neglect.
The plaintiffs seek to represent all West End Villa residents and their family members, regardless of whether or not they tested positive for coronavirus.
“It’s been horrible, and my heart breaks,” Peggy’s daughter told reporters. “I want this to be different going forward for other families.”
Staff Say Outbreak Avoidable
On Sept. 19, 2020, The CBC reported that a West End Villa staff member said the outbreak, which at that point had killed eight residents and sickened at least 78, could have been avoided if employees had been provided proper protective equipment.
The staff member, who wished to remain anonymous, told CBC reporters that Extendicare had failed to provide staff with N95 masks, even for those working directly with residents who had COVID-19.
“[Workers are] going from room to room, working with these residents, caring for them, and they do not have the proper N95 masks to use, and this is something that all the staff members are very concerned about,” the anonymous employee told CBC reporters.
In response to CBC News’s report and criticism leveled by members of the government, the operator of West End Villa, Extendicare said the following in a statement:
“Our staff are working incredibly hard and have been throughout the pandemic. Staff across our network, including at West End Villa, are provided with an ample supply of the recommended PPE for long-term care environments. We encourage them to inform us of any specific concerns so that we can see them addressed.”
Ontario Long-Term Care Homes Face Criticism Over Handling of Outbreak
The lawyers representing the plaintiffs in the West End Villa class action lawsuit say this is the sixth suit they’ve filed against a care home for negligence during the coronavirus pandemic.
“The focus of these claims is against the private home for-profit operators who are making millions of dollars a year off the care of our seniors, from whom we expect a lot more,” said one of the plaintiff’s lawyers in a statement.
Indeed, according to the class action lawsuit, the operators of West End Villa failed to spend money on proper protective equipment and other methods to prevent a second outbreak in order to protect their profits.
“They acted in a self-interested manner putting corporate profits ahead of the care of their residents by, among other things, failing to have adequate levels of staffing and PPE,” contends the complaint.
As COVID-19 continues to rage across Canada, TCA is keeping consumers up to date with a coronavirus legal guide.
Are you or a loved one a resident of a long-term care home? Are you concerned about how the home is handling coronavirus? We want to hear what you think. Tell us in the comment section below!
The lead plaintiffs and proposed Class Members are represented by Stephen Birman and Lucy Jackson of Thompson Rogers.
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