Family of Tyson Foods Employee Files COVID-19 Death Lawsuit

Tyson Foods Inc. faces a lawsuit from a Texas family who claims that one of their employees died after contracting COVID-19.

Pwar Gay reportedly worked for Tyson for eight years as a meat cutter at the company’s meatpacking plant in Amarillo, Texas.

While working in April 2020, Gay allegedly tripped and fell – resulting in a knee injury. As a result, Tyson reportedly sent her to their clinic for first aid and then was sent back to work.

“Ms. Gay was suffering from pain and swelling, but was not allowed to go home and rest or seek medical attention due to Tyson’s shortage in staff,” the recent coronavirus lawsuit claims.

After being forced to work with a knee injury, Gay reportedly fell ill. She began experiencing concerning symptoms including difficulty breathing. As a result, she was admitted to the hospital and was later diagnosed with COVID-19. Gay later died on May 8.

Gay’s family – her husband and four children – have filed a lawsuit against Tyson Foods Inc., claiming that Gay’s death was a direct result of Tyson’s failure to control COVID-19 cases amidst their workers.

“Plaintiffs would show that nothing that Pwar Gay did or failed to do on the occasion in question caused or contributed to cause the occurrence. To the contrary, the injuries and death of Ms. Gay were proximately caused by the negligence, both of commission and omission, of Tyson,” the Tyson Foods jobs lawsuit argues.

“Tyson’s negligence caused Ms. Gay’s knee injuries, and also caused Ms. Gay to contract COVID-19 and die.”

Gay was allegedly denied personal protective equipment such as masks and gloves to help protect her from the coronavirus.

At least 4,500 Tyson Foods workers have contracted the coronavirus due to the company’s negligence, the plaintiffs allege. Of these thousands of infected employees, at least 18 people have reportedly died.

Despite the “grossly disproportionate” number of infected people working Tyson Foods jobs, the company allegedly fails to provide any form of compensation or sick paid leave.

Instead, the company reportedly instituted a “rigged” injury settlement program which the plaintiffs’ claim is “stacked against its employees.”

The plaintiffs argue that, as Gay’s surviving family members, they have been injured by Tyson’s actions and their negligence. As a result of these actions and the family’s subsequent injuries, they seek damages and other forms of compensation from Tyson Foods Inc.

“We look forward to fighting hard for Mrs. Gay’s family in this case, and to set a precedent that our community will not tolerate companies that prioritize profits over the safety of hard-working employees,” the family lawyer said in a press release, according to Click 2 Houston. “Mrs. Gay put in eight tough years with Tyson, and she and her family deserved much better than this.”

Tyson Foods Inc. has also responded to the allegations, expressing their sympathy and sadness following Gay’s passing.

“We are saddened by the loss of any Tyson team member and sympathize with Ms. Gay’s family at this difficult time,” Tyson said in a written statement.

“At Tyson Foods, our top priority is the health and safety of our team members, and we have put in place a host of protective steps at our facilities that meet or exceed CDC and OSHA guidance for preventing COVID-19.”

Several other companies have been implicated in wrongful death lawsuits in relation to the coronavirus pandemic.

JBS, the largest beef processing company in the world, was hit with a lawsuit from the estate of a deceased Philadelphia man who allegedly died from COVID-19 after working for the company. The wrongful death lawsuit claimed that JBS failed to implement safety measures in their meat processing plants which would have protected the man from the coronavirus and related respiratory failure.

Princess Cruise Lines has also faced wrongful death claims from passengers who allegedly got COVID-19 or even died after taking a trip with the cruise line. One former firefighter allegedly contracted the virus on Princess Cruise’s Grand Princess ship while on a 40th anniversary trip with his wife. Unfortunately, the man allegedly succumbed to his illness and died alone while his wife and children listened to the doctor count down his heartbeats over the phone.

Gay’s family is represented by Vuk S. Vujasinovic and Job Tennant of VB Attorneys.

The Tyson Foods Wrongful Death Lawsuit is Ka La Ya Lay, et al. v. Tyson Foods Inc., Case No. 2:20-cv-00125-Z, in the U.S. District Court for the Northern District of Texas.

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