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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.
This article is not legal advice. It is presented
for informational purposes only.
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15 thoughts onNursing home coronavirus: Can you sue for wrongful death?
Yes same here my mom was doing better walking and talking after a stroke and heart attack.Almost better enough to make it home. Then got COVID-19 there most likely from staff member as I received texts stating staff members were COVID-19 positive. She was only 62 years of age. Please add me. Over worked and understaffed facility.
Ass me
The nursing home did not offer my mom the Covid vaccine although they had positive cases every other week, they did not even mention it during the over the phone rushed care conference they had. They promised that therapy would work with her walking, therapy worked with her one time. she walked but slow. They promise a shower 2x weekly she received 1 shower in almost 3 months. Because of immobility my mom developed blood clots and they traveled to her lungs her oxygen dropped and she died. They tested her at the ER and she had Covid, the ER doctor said blood clots can develop in legs from immobility she was afraid to walk around by herself she feared falling and getting lost. She had dementia, they I drugged her and allowed her to lay in bed all day as she remained drowsy all day from too much drugs. She asked them if they could talk to the doctor about lowering her doses so that she could be awake during the day and up and mobile. They never got back with us while we waited. I always had to talk to the social worker when I called, nursing dept was always too busy to deal with me. When she died they gave me the wrong hospital that she was taken to. By the time I found out which hospital they were shocking her with paddles. The Nursing home did not list next of kin therefore the hospital did not have my info to call me. She had been there since 7am and died at 12:37pm no one called us in all those hours. My mom texted me twice and it confirmed that I had found the right hospital but they would not answer the phone and I called back to back, I did not even know that she was critical. No one talked to me until after she had already coded. I requested an autopsy, I want to know was the Covid in her lungs? Did the Covid Cause the blood clotting? Was she asypmtomatic of Covid? Were the Covid and blood clotting two different issues not related to the other? I will get the autopsy report in Nov/dec
The home I put my father in for rehab, made there workers come in to there shifts when they had sent texts into work saying they tested positive for COVID and didn’t feel well.
Needless to say that home is being sued.
My mom was killed in place like this and her roommates and they lied to cover it up she was only 53
My mother was killed along with 10 other patients on January 5th 2021. I was told because so many people tested positive it was a skeleton crew. No one came to work. I wasn’t allowed to speak with my mother after they moved her to the covid ward. I called and called and called, she died around 4:44am. I spoke with a nurse named Tiffany the next day, she said, ” I’m sorry your mother died, do you know when you can move the body.” Please please help me get justice for my mother. I have recordings and names. I filed a complaint with the state board, prior to and after my mom’s murder. Shortly there after I received a letter stating nursing home wasn’t neglect. While I do have letter prior to her death the nursing home was found to be neglect by the state. There is no coincidence 11 innocent people died on January 5th 2021 including my beautiful mother. A nurse called me crying and told me of the other patients who also died. She told me she was in shock and that my mother wasn’t just her patient, she was also her friend. This nursing home is in Greenwood Indiana. My mother use to tell me prior to her murder, she could see all the body bags being taken out. I was my mother’s POA And Medical, I filed so many complaints with the DOA, Director, Social Worker. I tried to get my mother out of there. My sister lives in Indiana and from her home our mother ended up in the nursing home system. I tried to get my mother on a plane and brought here to Wilmington NC, buy Joey stated only a family member could take her to the airport, my sister didn’t for whatever selfish reasons. My mother told me I hope you don’t have to call your sister and tell her I’m dead, because she wasn’t able to be reached via any of her phones. Basically she checked out. Abandoned our mother. Wouldn’t take her back into her 5000 plus square foot home. Please help me get just for my mother, she told me after counting 5 body bags a day before she was killed, ” I don’t want to go out like that.” I told her you won’t mommie, I’m going to get you out of there. She was still unvaccinated and negative on covid test results. My mother was a strong spirit and she believed the universe would help her. The day before she died, nurse Tiffany told me she was going to move my mother, I told her please make sure she has a phone so we can talk. My mother sounded like my mother, not sick! Tiffany said she would ( liar) she gave my mother back the phone. I told my mother to pray, and that she is strong, she will survive this!!! She said in a very clear voice… As calmly and always soft spoken like an angel, ” it will be alright either way. I love you Jamillah.” ( Tears as I write this, oh God) I never spoke with my mother again. Just a worker around 7pm that night who told me it was a skeleton crew. I asked her what did that mean, she said no one came to work because of so many positive covid cases. I begged her to please let me speak with my mother. She told me, only she and the nurse was there, I asked to speak with the nurse she stated she was making her rounds and would call me back. I begged again, PLEASE I need to speak with my mother. She kept saying, I’m so so sorry. I asked her please go to the covid ward and tell my mother I love her and I’m trying to reach her, I need to speak with my mother. She told me, honestly I don’t know where your mother is. My heart stopped… I told her nurse Tiffany said she is on the covid ward. She said ma’am. “That area is locked and no one can go in there.” I said so basically they are left to die. She said I’m so so sorry and hung up. I kept calling back, no one else answered the phone. In the morning when the nursing home called to tell me my mother was dead. I calmly asked Tiffany, how did my mother die? She said she was complaining of not being able to breathe and when the ambulance got to the nursing home my mother was dead. I asked her how did she know that if she came in at 7am and no one knew where my mother was? And it was a skeleton crew, she told me that’s what she was told and then asked me when would I be able to move the body. I told her, you just told me my mother was dead, I spoke with her less than 15 hours ago and she was great!! She complained of nothing, except, she told me, “she didn’t want the vaccine and now it was killing her” ( after I demanded her wished be kept to the Director, DON, everyone. They forced the shot in her anyway.)
I hung up on Tiffany. The nursing home kept calling over and over and over again. Finally I answered, a new person said I was on speaker phone and wanted to know when I was going to pick my mother’s body up! I yelled at them, I was just told my mother was dead five minutes ago, can you please give me a moment to process my mother is dead, and they said well you need to pick the body up as soon as possible, I hung up. Turned the ringer off and cried myself sick. Please, Justice for Mary Grant 1/5/2021. A few days before her birthday. My mother didn’t deserve this. Nor did the other 10 who died that day with her.
Someone removed my mother’s jewelry off of her dead bady and took her plants, that was the second time she was robbed in that nursing home. Her plants were located in a staff office on the desk. Her jewelry eventually turned up after I complained to the state. Desecration of the dead. No respect was given to my mother in that nursing home during her life and sadly even after her death, except for that nurse who called me crying, bless her. Please I need just for my mother and I have all the information. Letters, names, phone calls recorded. Please help.
My mom died from neglect in a care home. Add me
My condolences, my mother as well. Please add me. Stay strong, we must get justice for our mothers, they mattered!!
my mom died in September I believe issue was covered up ….
I’m so sorry. I believe this was the case with my mother as well. Your mother mattered, my mother mattered, we must continue to bring awareness to our and so many other great losses. They matter, we must never give up telling our stories, sharing our beautiful mothers with the world and especially their horrible deaths.
Same thing happened to my mother but in the hospital she trip and fell she was a fall risk she should have been on monitors I don’t know how long she laid on the floor a family member was on the phone with her and they hung up the phone still to this day I have not got a call from the hospital and we asked for an autopsy the corner said they did one but there was not one present
My wife died in a nursing home due to Covid. They did not take good precautions to keep my wife safe. I believe the home was negligent Please add me.
If you read carefully you will see that people do NOT know they are infected, and people CAN shed the virus when they have no symptoms. In fact, my relatives experienced just this thing. Dad worked with someone who obviously had covid, but had no symptoms and felt great. Over the weekend dad spent lots of time with his two preschool sons. On Monday dad learned that his coworker had become acutely ill with covid over the weekend. Then On Wednesday, dad was acutely ill with covid and was hospitalized with a temp greater than 104 degrees. On testing, mom and both boys were positive for covid. MOM HAD BEEN FULLY VACCINATED IN JANUARY. If you believe what you are seeing and hearing on TV, from Fauci and the media, then you are ill prepared to understand the great risk associated with covid-19. You also need to know that these shots, aka vaccines, do NOT prevent transmission of covid-19, they do not prevent sickness or death, and they do not keep you from catching covid. The best they do is mitigate symptoms, and hopefully you will not die if and when you are infected. You disagree??? Go to the FDA website and review the data submitted to the FDA by Moderna and Pfizer for their “emergency use authorization” application. I know FAR MORE about covid, the shots, etc that 99% of my peers. I do NOT rely upon the CDC, NIH, Fauci and mainstream media for my data……nor should you. There are many tens of thousands of doctors, nurses, virologists, cardiologists, pulmonologists, vaccine developers etc who have come forward with HONEST, ACCURATE, TIMELY information. If you want to access some of their videos just go to RUMBLE and set upp an account. Do asearch for Dr. Sherry Tenpenny. Watch her videos and then write down the names of all the people she speaks with and go watch all their interviews also.
WTH is the matter with you?!? YOU ARE THE PROBLEM. This person trusted their loved one to be cared for and they were infected with COVID. COVID IS REAL, COVID IS DEADLY, AND COVID DEATHS ARE PREVENTABLE. Nothing is 100%, only fools believe in guarantees. Nothing in life is guaranteed. Is preganancy possible with birth control? Yes! Can you infect someone with STD’s if you wear a condom? Gross and Yes! Is abstinence guaranteed? Ask Mother Mary (you know, Jesus’ mother). Which would you prefer if you didn’t want to get an STD: Birth control (aka Ivermectin), Condom (aka Vaccinated and/or masks), or Abstinence (aka vaccination, masks, social distancing, etc…)? I don’t live in fear, you do. You just transferred your fear to something else. Instead of fear of COVID (death) you are afraid of a vaccine which I’m sure you have had so many of in your lifetime (unless you never went to school and never got vaccinated for anything). I agree with Mary and F*U, corporations are not entitled to take someones life, especially lives that they are responsible for.
I am an RN. If you believe that nursing homes should NOT be held accountable and sued, then you simply lack a basic understanding of how these facilities operate , in their “FOR PROFIT’ mindset. Your loved one was nothing but a money maker for the facility in which she resided. Nursing home owners very intentionally and consistently grossly understaff their facilities in order that they can maximize profits to obscene levels. If every reckless nursing home was sued each and every time a senior in their care suffered harm due to understaffing and negligence, then these scumbag greedy pig owners would either clean up their act or get out of the business. There is NO ROOM for capitalism in healthcare. We have seen a significant deterioration in our healthcare system since it became “profit driven.” Every state could own and manage these healthcare facilities. As an example, the last time I looked, which was at least 5 years ago, the CEO of United Hospital was being paid 150+ MILLION dollars annually. THINK ABOUT THAT. HOW MANY NURESE ETC COULD BE HIRED FOR THAT AMOUNT OF MONEY, AND THAT WAS JUST HIS SALARY AND DOES NOT INCLUDE ALL THE OTHER EXECS.