Nursing home coronavirus: Can you sue for wrongful death?

The United States has reported more than one million coronavirus deaths to the World Health Organization (WHO) and more than 95.7 million cases as of October 21, 2022, and the number of nursing home coronavirus cases continues to be a big concern.

How many people have been affected by nursing home coronavirus deaths?

Nearly one-third of all coronavirus deaths in the United States are linked to nursing homes, according to analysis by the New York Times, though they now make up only 4% of COVID-19 cases. (Earlier in the pandemic, nursing home residents made up higher percentage of total cases.) However, this trend may change, as COVID-19 cases are once again surging in nursing homes with the omicron variant.

New York nursing homes reported nearly 4,900 COVID-19 cases among residents in the week ending Jan. 4, 2022, up from 1,500 cases the previous week.

Nursing homes house a large, dense population of elderly residents, many of whom have comorbidities such as diabetes, high blood pressure, heart disease, obesity and compromised immune systems. Most nursing homes encourage group activities, such as shared dining areas, board games and card games, arts and crafts or physical fitness classes.

While these activities help prevent loneliness, they also offer prime opportunities for a disease such as COVID-19 to spread, especially when people are contagious before they even exhibit symptoms, and perhaps even a majority of those who can spread it never actually develop symptoms.

While most all nursing homes halted or reconfigured each resident’s interactions with others upon learning of the dangers of COVID-19, for many residents, they were not protected soon enough or adequately.

In addition to the dangers posed by living in such close quarters with other people, nursing home residents also could be exposed to the coronavirus by nursing home workers who often divide their work days over the course of several different facilities. Staff aids may unknowingly become infected and infect other nursing home residents before even knowing they are positive for COVID-19.

The U.S. Centers for Disease Control and Prevention (CDC) published a Morbidity and Mortality Weekly Report that included a study conducted at a long-term skilled nursing facility in Los Angeles. At the time, two residents exhibited symptoms of the coronavirus and tested positive for COVID-19.

Researchers then tested all staff and residents at the skilled nursing home and found 27 additional positive test results. Of those people, 14 residents and four staff members were not showing symptoms of the coronavirus even though all 18 had tested positive. Researchers noted that within one to five days of testing positive, eight of the 14 residents did develop COVID-19 symptoms and one patient eventually died of the disease.

COVID-19 is particularly dangerous and contagious because it is spread by asymptomatic people (those who have COVID-19 and can infect others, but they themselves never appear ill) and pre-symptomatic people (those at the initial stages of contacting COVID-19 who can spread it while symptomless, but then develop symptoms later).

Although the CDC and other health agencies have made an effort to control COVID-19 in nursing homes, countless families may have suffered losses of loved family members during the pandemic. If a nursing home’s negligence played a role in COVID-19 deaths, families may be able to make a claim for wrongful death.

What is wrongful death?

A wrongful death lawsuit may be filed when a family member passes away because of someone’s negligence. The death of a loved one is always distressing, but when it seems the death could have been prevented through effective measures, the sting of such a death feels worse. Nursing home negligence is already a significant problem in the United States without factoring COVID-19 into it at all — but the virus has been making the problem even worse.

Wrongful death cases often involve deaths that occur due to vehicle accidents or job site accidents. A death that occurs due to substandard precautionary measures or care could also be grounds for a wrongful death lawsuit.

Have nursing home coronavirus wrongful death lawsuits been filed?

Yes. In Glendale, Calif., the family of 77-year-old Ricardo Saldana has filed a nursing home coronavirus lawsuit against Glenhaven Healthcare, where they said Saldana lived and became infected with COVID-19, which they say killed him.

Saldana’s daughter Jackie spoke with local ABC News affiliate Channel 7 and told the station her dad had a stroke six years ago, but other than that, he had been in pretty good health. She and her family blame the facility for not taking the threat of COVID-19 seriously.

The family said a nurse who worked at another home had been infected with the coronavirus and then was assigned at Glenhaven.

The family has filed a wrongful death lawsuit accusing Glenhaven of committing elder abuse, negligence, willful misconduct and wrongful death.

A similar lawsuit has been filed against the Life Care Center located in Kirkland, Wash., which has been the scene of at least 37 known COVID-19 deaths, according to ABC News.

Deborah de los Angeles filed a wrongful death lawsuit against the facility after her 84-year-old mother allegedly contracted coronavirus and died. Twilla June Morin had dementia and an autoimmune disease that made her very susceptible to COVID-19, de los Angeles told ABC News.

On March 3, de los Angeles found out her mom had been diagnosed with COVID-19. She said only 22 hours later, she received a voicemail telling her that her mother had died.

According to the lawsuit, Life Care Center knew of COVID-19 as early as January, but continued to allow visitors in and out of the facility and even held a Mardi Gras party for residents instead of quarantining them.

One employee allegedly told de los Angeles that the resident doctor assigned to Life Care Center had not visited the site for weeks.

ABC News reported the Centers for Medicare and Medicaid Services conducted a complaint survey on March 16. At that time, it was determined that Life Care Center was no longer meeting Medicare’s requirements as a service provider. Life Care Center was faulted for failing to identify and manage sick residents in a timely manner, failing to notify the Washington Department of Health of the coronavirus cases, and failing to have a back-up plan in place when the primary facility doctor became sick and unable to tend to residents.

Can I file a coronavirus wrongful death lawsuit?

A wrongful death lawsuit falls under the category of “personal injury” in the legal realm. Every state has its own statute of limitations that limits how long a family member has to file a nursing home coronavirus wrongful death lawsuit.

In addition, some states have passed legal protections for nursing homes who could face litigation regarding nursing home deaths. Massachusetts and New York have passed new laws that give assisted living facilities immunity, while Connecticut, Georgia, Michigan and New Jersey have executive orders in place that grant them similar immunity to such lawsuits.

What damages could the nursing home have to pay?

Any successful wrongful death lawsuit could result in the guilty party paying for a number of things, including lost income, lost benefits, lost Social Security, lost future earnings, medical costs, funeral costs and lost future earnings.

In addition, a family may receive compensation for lost inheritance, lost companionship and/or parental guidance, pain and suffering, and other related damages. Some families have received millions of dollars in financial compensation when the negligence of another party has been found to be the reason for the loved one’s untimely death.

Some nursing homes have begun trying to dodge such lawsuits, claiming immunity against allegations of failing to protect residents.

Filing a nursing home coronavirus lawsuit

If someone you love has passed away from COVID-19 in a nursing home and you believe the nursing home may have been at fault, you may be able to file a wrongful death lawsuit.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a free nursing home coronavirus death class action lawsuit investigation

If your family member died from the coronavirus while in a nursing home or assisted living facility, you may qualify to file a nursing home wrongful death lawsuit.

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This article is not legal advice. It is presented
for informational purposes only.