N.Y. Adult Care Facility Class Action Says Poor COVID-19 Care Caused Deaths

Queens Adult Care Center (QACC) and Gefen Senior Care Group have been hit with a class action lawsuit by residents of the facility seeking a declaratory judgment which would direct the defendants to comply with regulations to control and mitigate the coronavirus outbreak.

Plaintiffs Bryan Schoengood, Annetta King Simpson, and Willie Roland say that the defendants are not doing enough to prevent the spread of the coronavirus within their facility. As a result, an estimated 15 residents have reportedly died.

The plaintiffs state that they are three of approximately 350 residents at the QACC and that they face a risk of serious injury or death if they are exposed to the coronavirus due to their disabilities. The plaintiffs maintain that the defendants are not equipped to identify, monitor, or treat the coronavirus pandemic.

Schoengood, along with the other plaintiffs in this case, state that they chose to reside at QACC because they have mental and physical impairments which limit their ability to perform certain daily tasks, such as taking their medication, housekeeping, laundry, dressing, and bathing.

Residents at long-term care facilities, such as QACC, are at an increasing risk contracting the coronavirus because of the high numbers of people with chronic illnesses housed in a setting that has limited access to medical care, the plaintiffs maintain.

In addition, a high number of the residents at QACC have specific mental health disabilities which require assistance and guidance with activities of daily living, the plaintiffs say. The residents claim that two thirds of the residents at the facility suffer from mental illness.

Schoengood is a 61-year-old resident of the facility who has been diagnosed with paranoid schizophrenia. He claims that he requires continuing care with basic living activities such as housekeeping, laundry, dressing, bathing, and managing his medications. He asserts that he has been a resident of the facility for 31 years.

Unfortunately, Shoengood’s roommate was one of the first at the facility to be infected with the coronavirus and has subsequently died from it.

Simpson is a 64-year-old woman who also resides at QACC and suffers from cardiovascular disease with a history of prior myocardial infarction as well as diabetes and hypertension.

These conditions allegedly put her at an increased risk of COVID-19 complications.

Simpson claims that she has been a resident of QACC for two years who was one of the residents who became ill because she was infected with the coronavirus. 

According to the plaintiffs, residents in the facility are susceptible to the risks of the coronavirus because they are likely to have underlying conditions such as chronic obstructive pulmonary disease, other chronic lung diseases, diabetes, heart disease, and asthma.

The plaintiffs maintain that people with disabilities at QACC are at high risk of contracting the virus with few preventative measures in place.

They argue that residents who get sick are left to deteriorate in their room without access to proper medical care.

In addition, the residents are not given the appropriate protective gears such as masks, gloves, or gowns and many of the residents are not capable of asking for these gears due to their disabilities including mental illness.

The residents state that permitting these standards makes QACC in violation of Title III of the Americans with Disabilities Act.

Unfortunately, due to their physical ailments and/or mental illnesses, residents are not able to advocate for the enforcement of hygiene or quarantine protocols, the plaintiffs say.

“Protecting those with the greatest vulnerability to COVID-19 also allows for greater risk mitigation for all people working in the facilities and living in the surrounding community,” the QACC class action lawsuit says.

The residents also say that, for reasons beyond their control, they are unable to voluntarily practice social distancing, control the exposure to large groups, wear protective clothing, or even sanitize their own environment.

“Since the coronavirus first made its way into QACC in mid- or late- March 2020, Plaintiffs and the proposed class members have experienced and witnessed QACC’s gross failure to provide the most basic level of care to safeguard their health and safety in the context of a global health pandemic,” the QACC class action lawsuit goes on to say.

The plaintiffs claim that an infectious disease striking a facility that is the home of 352 residents with underlying medical conditions could result in serious injury or death if the current conditions continue at the facility.

“Plaintiffs are pursuing this action to protect and advocate for the rights and interests of themselves as well as other QACC residents with qualifying disabilities under the meaning of the ADA during the course of COVID-19 pandemic,” the QACC class action lawsuit argues.

Do you or a loved one live in a long-term facility like QACC? Leave a message in the comments section below.

The plaintiffs are represented by Jaehyun Oh, Aaron S. Halpern and Alan L. Fuchsberg of The Jacob D. Fuchsberg Law Firm LLP.

The QACC Coronavirus Class Action Lawsuit is Schoengood, et al. v. Hofgur LLC, et al., Case No. 1:20-cv-02022, in the U.S. District Court for the Eastern District of New York.

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