Massachusetts Settles With Families of Holyoke Soldiers’ Home COVID-19 Outbreak For $56M

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update:

• Massachusetts has reached a $56 million settlement with families harmed by the Holyoke Soldiers’ Home COVID-19 outbreak in the spring of 2020, the state’s governor, Charlie Baker, announced May 12.
• The settlement comes after the estate of a Korean War veteran who died of COVID-19 in the home filed a $176 million civil rights class action lawsuit against the Massachusetts soldiers’ home in 2020, alleging the facility failed to ensure the safety of the elderly veterans in its care.
• The terms of the settlement will reportedly cover veterans who lived at the Holyoke Soldiers’ Home at any time between March 1, 2020, and June 23, 2020, and who became ill or died from COVID-19 during that period. 
• Estates of deceased veterans could receive a minimum award of $400,000, and veterans who contracted COVID-19 but survived could receive a minimum of $10,000.

(July 17, 2020)

The estate of a Korean War veteran who died of COVID-19 has filed a $176 million civil rights class action lawsuit against a Massachusetts soldiers’ home, alleging the facility failed to ensure the safety of the elderly veterans in its care.

Joseph Sniadach’s estate filed the complaint Friday against the Holyoke Soldiers’ Home, which has already come under attack in a state-ordered report for its response to the coronavirus outbreak. Sniadach reportedly died after contracting COVID-19 while staying in one of the home’s dementia wards between March 1 and June 23.

The defendants’ actions and inactions in the face of the coronavirus pandemic have resulted in 76 veterans’ unnecessary deaths and another 84 unnecessary infections, the class action lawsuit says.

An independent investigation commissioned by Gov. Chris Baker reveals “unprofessional, unethical, and deliberately indifferent behavior of the five individuals primarily charged with the care of the veterans at the Soldiers’ Home, the defendants in this lawsuit,” the complaint states.

The report describes many misrepresentations, misjudgments and errors amounting to “a callous disregard for the health and safety of the veterans” at the facility, according to the class action lawsuit.

Paul Sniadach, the lead plaintiff, is Joseph Sniadach’s son and the personal representative of the estate.

The state and United States governments began issuing guidance on COVID-19 protections beginning in February 2020, the class action lawsuit says. This guidance specifically called on facilities to identify patients infected with COVID-19 isolate them from other patients and staff. 

Leadership at the soldiers’ home met in early March to discuss ways of preventing the introduction and spread of COVID-19 at the facility, the complaint says.

However, in spite of repeated government guidance, no isolation rooms were ever used at the soldiers’ home, staff had inadequate access to personal protective equipment and in fact, the complaint alleges, staff were even discouraged from using personal protective equipment.

The first veteran diagnosed with COVID-19 at the soldiers’ home had clear symptoms of the virus as early as February, but was not tested until March 17, the complaint alleges. He received his positive test result March 21, but was allowed to continue living among other veterans and being among staff “because, in Dr. Clinton’s opinion, consideration of whether to isolate him was a ‘moot point’ since ‘everyone has been exposed [to COVID-19] already.’”

The veteran had a roommate who frequently visited other residents’ rooms, the door to his room was kept open and facility medical director Dr. David Clinton advised against moving the infected veteran to an isolation room because “in his view others in 1-North had been exposed already, and the facility would be at risk if [the ill veteran] got out of his room on an unsecured unit,” the class action lawsuit states.

In a report to Massachusetts Secretary of Veterans Services Francisco Urena, Holyoke superintendent Bennett Walsh reported the positive test result, the complaint says. However, Walsh falsely claimed the veteran was being quarantined. 

On March 27, the facility made the decision to combine its two dementia wards, the complaint says. 

The governor’s report reveals the move was chaotic.

Staff described the move as “total pandemonium,” “when hell broke loose,” and “a nightmare,” according to the complaint. 

One staff member reported that she felt like the staff was “moving the concentration camp — we are moving these unknowing veterans off to die. I will never get those images out of my mind — what we did, what was done to those veterans,” the report said.

The veteran who was initially infected died March 28, according to the class action lawsuit. The superintendent was placed on administrative leave March 30.

Joseph Sniadach died April 27, the complaint says.

“From the time that Joseph was diagnosed with COVID-19 through the time of his death, Joseph experienced conscious pain and suffering,” the class action lawsuit states.

Joseph Sniadach’s estate alleges his and other veterans’ 14th Amendment rights were violated because the soldiers’ home failed to protect them from harm or provide “minimally adequate medical and nursing care.”

“The defendants’ acts and omissions shock the conscience,” the complaint states.

The proposed Class includes “individuals who suffered as a result of contracting COVID-19 while residing at the Soldiers’ Home between March 1 and June 23, 2020, including the estates of individuals who died as a result.”

The plaintiff demands a jury trial and seeks recovery for the estate and the Class “to the greatest extent available under the law” as well as any other relief deemed appropriate by the Court.

Do you know a veteran who contracted COVID-19 while at an assisted living facility? Tell us about it in the comments below.

The plaintiff and proposed Class are represented by Thomas Lesser and Michael Aleo of Lesser Newman Aleo & Nasser LLP.

The Holyoke Soldiers’ Home COVID-19 Civil Rights Class Action Lawsuit is Paul Sniadach, et al. v. Bennett Walsh, et al., Case No. 3:20-cv-30115, in the U.S. District Court for the District of Massachusetts.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

[/vc_column_text]

Read More Lawsuit & Settlement News:

• Nurses Say Hospital Involved in COVID-19 Fake Test Scheme
• Hackensack Meridian Health Sued Because of Hospital Ransomware Attack
• Carnival Class Action Alleges Cruise Exposed Passengers to COVID-19
• Does Dilantin Cause Brain Damage?