Page 25 - bon-dia-aruba-20200504

A25
U.S. NEWS Monday 4 May 2020
Faced with 20,000 dead, care homes seek shield from lawsuits

Continued from Front these big operators.” American Health Care homes should be held to ties nationwide.
Nowhere have the indu- Association, which repre- account: Homes that flou- All the new immunity laws
“As our care providers stry’s efforts played out sents nearly all of the na- ted federal guidelines to notwithstanding, there is
make these difficult deci- more starkly than in New tion’s nursing homes and screen workers, cut off visi- a potential wave of laws-
sions, they need to know York, which has a fifth of has spent $23 million on tations and end group ac- uits coming. Illinois lawyer
they will not be prosecu- the nation’s known nur- lobbying efforts in the past tivities; those that failed to Steven Levin said he’s re-
ted or persecuted,” read sing home and long-term six years. inform residents and rela- ceived dozens of calls from
a letter sent this month care deaths and has had Other states that have tives of an outbreak; those people considering suing
from several major hospital at least seven facilities with emergency immunity that disregarded test re- homes over the outbreak.
and nursing home groups outbreaks of 40 deaths or measures are Alabama, sults; and homes like one in Florida lawyer Michael
to their next big goal, Ca- more, including one home Arizona, Connecticut, Ge- California, where at least a Brevda said his firm gets
lifornia, where Gov. Gavin in Manhattan that repor- orgia, Illinois, Kentucky, dozen employees did not 10 to 20 calls a day. And
Newsom has yet to make ted 98. Massachusetts; Michigan, show up for work for two a lawyer in Massachusetts
a decision. Other states in New York’s immunity law Mississippi, New Jersey, Ne- straight days, prompting said he’s gotten maybe 70
their sights include Florida, signed by Democratic vada, Rhode Island, Ver- residents to be evacuated. from families with relatives
Pennsylvania and Missouri. Gov. Andrew Cuomo was mont and Wisconsin. “Just because you have a at homes struck by the vi-
Watchdogs, patient advo- drafted by the Greater Their provisions vary but pandemic doesn’t mean rus. “We’re getting inun-
cates and lawyers argue New York Hospital Asso- largely apply to injuries, you give a pass on people dated,” said David Hoey,
that immunity orders are ciation, an influential lob- deaths and care decisi- exercising common sen- whose practice near Bos-
misguided. At a time when bying group for both hos- ons, sometimes even to se,” said Dr. Roderick Ed- ton has been suing homes
the crisis is laying bare such pitals and nursing homes property damage. But mond, an Atlanta lawyer for 25 years. “They’re grie-
chronic industry problems that donated more than there are limitations: Most representing families suing ving and they’re confu-
as staffing shortages and $1 million to the state De- make exceptions for gross over COVID-19 deaths in sed. … ‘My loved one just
poor infection control, mocratic Party in 2018 and negligence and willful mis- an assisted-living facility. died from COVID. What
they say legal liability is the has pumped more than $7 conduct, and they gene- “If you take the power of can I do?’”
last safety net to keep faci- million into lobbying over rally apply only during the suing away from the fami- American Health Care As-
lities accountable. the past three years. emergency. lies, then anything goes,” sociation CEO Mark Par-
They also contend nursing While the law covering Toby Edelman of the Cen- said Stella Kazantzas who- kinson said the notion of
homes are taking advan- both hospital and nursing ter for Medicare Advoca- se husband died in a Mas- lawyers gearing up for
tage of the crisis to pro- care workers doesn’t co- cy is troubled that homes sachusetts nursing home lawsuits in the “middle of a
tect their bottom lines. Al- ver intentional miscon- are getting legal protecti- with the same owners as battle to save the elderly”
most 70% of the nation’s duct, gross negligence ons while family members the home hit by the na- is “pathetic” and doesn’t
more than 15,000 nursing and other such acts, it aren’t being allowed to vi- tion’s first such outbreak consider the hardships nur-
homes are run by for-profit makes clear those excep- sit and routine government near Seattle, which killed sing home workers have
companies, and hundreds tions don’t include “decisi- inspections have been 43 people. endured.
have been bought and ons resulting from a resour- scaled back. “They already knew in Wa- “The second-guessing of
sold in recent years by pri- ce or staffing shortage.” “Nobody is looking at shington how quickly this people after a tragedy, if
vate-equity firms. Cuomo’s administration what’s happening,” she would spread,” she said. those people did the best
“What you’re really look- said the measure was a said, adding that immu- “They should have taken that they could under
ing at is an industry that necessary part of getting nity declarations could extreme measures, sen- the circumstances, is just
always wanted immunity the state’s entire health make even gross or willful sible measures. And they wrong,” said Jim Cobb,
and now has the oppor- care apparatus to work negligence suits harder were not taken.” the New Orleans attorney
tunity to ask for it under together to respond to since homes could argue While the federal govern- who successfully defen-
the cloak of saying, ‘Let’s the crisis. “It was a decisi- any deficiencies were so- ment has yet to release ded nursing home owners
protect our heroes,’” said on made on the merits to mehow tied to the pan- numbers on how the co- charged in the deaths of
Mike Dark, an attorney for help ensure we had every demic. “Everything can’t ronavirus has ravaged the 35 residents who drowned
California Advocates for available resource to save be blamed on COVID-19. industry, in Hurricane Katrina.
Nursing Home Reform. lives,” said Rich Azzopardi, Other things can hap- The Associated Press has “There’s a lot to be said for
“This has very little to do a senior advisor to Cuomo. pen that are terrible,” she been keeping its own tal- someone acting in good
with the hard work being “Suggesting any other said. “Just to say we’re in ly based on state health faith in the face of a na-
done by health care provi- motivation is simply gro- this pandemic so anything departments and me- tural disaster and state
ders,” he said, “and every- tesque.” goes, that seems too far.” dia reports, finding 20,058 of emergency, and they
thing to do with protecting Nationally, the lobbying Among the situations for deaths in nursing homes should have criminal im-
the financial interests of effort is being led by the which lawyers say nursing and long-term care facili- munity.” q

Report: China hid coronavirus’ severity

to hoard supplies

By WILL WEISSERT ally concealed the sever- Mike Pompeo saying Sun-
Associated Press ity” of the pandemic from day that China was re-
WASHINGTON (AP) — U.S. the world in early January, sponsible for the spread of
officials believe China cov- according to a four-page disease and must be held
ered up the extent of the Department of Homeland accountable. The sharper
coronavirus outbreak — Security report dated May rhetoric against China co-
and how contagious the 1 and obtained by The As- incides with administration
disease is — to stock up on sociated Press. The revela- critics saying the govern-
medical supplies needed tion comes as the Trump ment’s response to the virus
to respond to it, intelligence administration has intensi- was inadequate and slow. In this April 29, 2020, file photo Secretary of State Mike Pompeo
documents show. fied its criticism of China, speaks at a news conference at the State Department in
Chinese leaders “intention- with Secretary of State Continued on Page 26 Washington. Associated Press.