Families launch landmark lawsuits over Covid-19 deaths at Cork nursing home
Five families who lost loved ones to Covid-19 at a Cork nursing home have launched landmark wrongful death actions in the High Court.The settlement of one of those cases, relating to the death of 81-year-old James Lee in February 2021 at Ballynoe Nursing Home, was announced at the High Court this week.It is understood this is one of the first cases to come before the courts in relation to a death in a nursing home during the pandemic.Barrister Ray Motherway, for Lee’s family, instructed by PA Duffy and Co solicitors, told the High Court the settlement against CareChoice Ballynoe Ltd, which runs the CareChoice Nursing Home at Ballynoe, Co Cork, was without an admission of liability.READ MOREInside Gerry Hutch’s life in Lanzarote: An investigation into gang leader turned politician’s assetsTrump’s $1.5 trillion request for Pentagon reflects ‘urgency of the moment’, Hegseth saysMan in custody as gardaí search for firearm discharged by child in BallymunThe Devil Wears Prada 2 review: Lovely clothes. Savage quips. And a cameo by a celebrated Irish golferThe details of the settlement are confidential.It has previously been reported that 24 residents of the 51-bed Ballynoe nursing home facility died during the Covid-19 pandemic. Not all who died did so from Covid.Judge Paul Coffey this week noted the settlement of the action in relation to the death of Lee, with an order for costs against CareChoice Ballynoe Ltd. The case against the HSE, which was also sued, was struck out with no order for costs.The other actions are expected to come before the High Court in the next few weeks. Lee’s niece, Arlene Walsh of Carrignavar, Co Cork, had sued CareChoice Ballynoe Ltd with offices at Blanchardstown, Dublin, and the HSE over her uncle’s death.[ Families have ‘lost confidence’ in Covid-19 Evaluation over delay to nursing home sessionsOpens in new window ]The 81-year-old, a former Irish Distillers worker, had been a resident at the nursing home from October 2014. It was claimed Covid-19 was first detected in the facility on December 30th, 2020, and two staff members and an unknown number of residents tested positive for Covid on January 13th, 2021.Three days later Lee tested negative for Covid, but in another test on January 31st, 2021, tested positive.Two days later he required oxygen to breathe and it is claimed he was deteriorating rapidly. Lee died on February 3rd, 2021.It was claimed against the nursing home that Lee had been unnecessarily exposed to the risk of contracting Covid-19.It was further contended there was an alleged failure to learn from earlier outbreaks of Covid-19 in other nursing homes and to take any or any adequate measures to be prepared for the January 2021 Covid outbreak at CareChoice Ballynoe.It was further claimed there was an alleged failure to implement adequate time restrictions in respect of exposing service users to members of the public, and an alleged failure to develop an isolation contingency plan for positive cases in a timely manner. [ We must never repeat the colossal damage we inflicted on ourselves during Covid-19Opens in new window ]It was also claimed there was an alleged failure to prioritise patient safety over capacity and associated profit, and an alleged failure to foresee the need for extra oxygen cylinders.It was contended there was an alleged failure to prevent those service users with dementia and at risk of wandering, and who were Covid positive, leaving isolation and mixing with those who were Covid negative.It was further contended there was an alleged failure to inform and respond adequately to families or next of kin regarding outbreak status at the home and the residents’ condition.In the proceedings it was also claimed there was an alleged failure to notify Hiqa and other bodies of deaths and other notable events within prescribed timeframes.
