Proposed class-action suit alleges care homes failed to respond to COVID-19
A legal document claims that a resident of Eatonville Care Centre in Etobicoke complained about being neglected before dying of COVID-19 on April 11, and the first time his family received any indication that he was suffering from the disease was when they received the death certificate.
The allegation - which has not been proven - is contained in a proposed class-action lawsuit filed in Ontario Superior Court on Friday that alleges the defendant, Responsive Group Inc., failed to "properly and adequately plan for and respond to the COVID-19 pandemic."
Responsive Group and its subsidiaries operate multiple long-term-care homes in Ontario, including three in Toronto and one Mississauga. The statement of claim alleges the defendants breached their duties of care by "failing, in the homes that they own, to ensure adequate staffing to care for the elderly residents, and by failing to comply with public health guidance, directives, and other requirements issued by the provincial and federal government."
The statement of claim says that as of April 23, 71 people living in the defendants' homes have died - more than 10 per cent of COVID-19 related deaths in Ontario. "In most cases, they died alone without their families and loved ones at their side. In many cases, family members of those who died were not even aware that their parents and grandparents were sick."
Asked for comment by the Star, Responsive Group - which has not yet filed a statement of defence - said in a written statement that it "recognizes the rights of individuals to advance their concerns through litigation.
"It is equally important that all parties in such matters have the opportunity to present information to the court and for it to be reviewed and thoughtfully considered. The court will then have to determine whether a concern merits certification."
Markham-based Responsive Group will "continue to work closely with government, public health units and our health care partners to accelerate testing, initiate outbreak protocols, and comply with all directives," says the statement.
The proposed class-action suit, filed by Toronto law firm TYR LLP, says the defendants failed to live up to requirements including adequate outbreak planning; supply and use of personal protective equipment; testing and isolating residents; testing employees; and screening of employees, visitors, suppliers and service personnel.
"As a result of the defendants' failure to adequately and properly plan, prepare and respond to the COVID-19 virus, the virus has run rampant through many of their homes," the claim alleges.
Before they can proceed, proposed class-action lawsuits must be certified by a judge.
The statement of claim names as the plaintiff Michael McCarroll, whose mother Ruby Annie McCarroll was a resident of Anson Place Care Centre, a retirement and long-term care facility in Hagersville owned and operated by the defendants. It is stated that she died "alone" of COVID-19 related complications on March 30.
The statement of claim says $15 million is sought in punitive and exemplary damages, or whatever among the court finds appropriate.
"For those class members who survive the outbreak of COVID-19 in the Homes, they have endured harsh and intolerable treatment," the statement says.
Betsy Powell is a Toronto-based reporter covering crime and courts for the Star. Follow her on Twitter: @powellbetsy