Nursing Home Residents Who Endured ‘Horrific,’ Deadly Conditions During Hurricane Ida Evacuation Pursue Class Action in Federal Court

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Hurricane Ida Nursing Home Evacuation Class Action Lawsuit Overview:

• Who: Nursing home residents filed a class action lawsuit against nursing home owner Bob Dean, Bob G. Dean, Jr., River Palms Nursing & Rehab, LLC, DNHG, LLC, and Bob Dean Enterprises, Inc.
• Why: The plaintiffs say the evacuation warehouse nursing home residents were moved to during Hurricane Ida was ill-equipped, with the 843 residents forced to sleep in wheelchairs, on soaked mattresses, or the concrete floor.
• Where: The class action lawsuit is being removed from Jefferson Parish to a Louisiana federal court.

A class action lawsuit alleging 843 Louisiana nursing home residents were evacuated to a 400-person warehouse during Hurricane Ida where they were forced to sleep on wet mattresses on the floor in putrid conditions for six days—causing the deaths of at least seven people—has been removed to federal court. 

A notice of removal for the class action complaint lodged by representatives of the residents against real-estate mogul Bob Dean was filed in a Louisian federal court Nov. 12.

Hurricane Ida Nursing Home Evacuation Class Action Lawsuit

The class action lawsuit is seeking justice for elderly and disabled residents of Bob Dean-owned nursing homes who were evacuated to a warehouse known as Waterbury Building on Aug. 27 ahead of Hurricane Ida, “where they endured horrific and inhumane conditions,” allegedly due to the negligence of Dean and other nursing home operators. 

Plaintiffs include representatives of Malvina Songy, who is 93, and Catherine Roussell, 67.

At the warehouse, a large number of mattresses were placed on the floor, toe to toe and side by side, with little to no space between them, the class action says. Some residents had to lie on the concrete.

There were allegedly only four sinks and 12 showers available to the 843 residents, plus staff. There were a small number of port-a-lets. 

The class action says, very quickly, the temperatures rose due to a lack of ventilation and the odors became putrid, to the point that staff members and residents would “uncontrollably vomit.”

As Hurricane Ida hit, rainwater began coming into the warehouse and a number of residents were left on mattresses floating in the water. 

Residents unsuccessfully called out to the representatives for food, water, medicine, and to be relieved of their soiled diapers, clothes, and bed linens but their calls went unanswered, the class action states.

“Many residents spent as many as six days in the fetid warehouse with overflowing toilets and piled-up trash,” the lawsuit states. 

On top of this, their family members were allegedly not advised where they were. At least seven of the nursing home residents have died so far as a result, the class action alleges. 

Dozens of lawsuits, including several class actions lawsuits, have been filed regarding the same facts of this particular case, another reason why it is being removed to federal court.

The lawsuit is seeking injunctive relief under the Louisiana Nursing Home Resident Bill of Rights Act and damages. 

Dean has issued statements denying the claims and says the issues were caused “by an act of God.” 

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The plaintiffs are represented by Philip G. Watson of Duplass, Zwain, Bourgeois, Pfister, Weinstock & Bogart.

The Bob Dean Nursing Home Class Action Lawsuit is Toney et al., v. Bob. G. Dean, Jr. et al., Case No. 2:21-cv-02101-CJB-MBN in the U.S. District Court Eastern District of Louisiana.

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