Three weeks ago, we reported on warnings that providers could face class actions over coronavirus outbreaks in their aged care homes – today, the confirmation.
The law firm – which specialises in personal injury compensation claims – has announced it is exploring a potential class action against Anglicare after 19 residents at the home died during its 65-day outbreak in April, May and June.
National Practice Leader Lisa Flynn said Shine will allege the Not For Profit was negligent in its handling of the health crisis and breached its duty of care to residents.
“Anglicare was ill-equipped to handle the outbreak of coronavirus at the facility and we will be seeking compensation on behalf of the families of the deceased,” Ms Flynn said.
“Grieving relatives want to know why their loved ones weren’t immediately taken to hospital after testing positive so they could receive the high-level clinical care they needed.”
“They also want to know why they were kept in the dark as coronavirus spread through the facility and why staff were either not qualified or not properly supported to make critical decisions.”
“The reality is lives would have been saved if Newmarch House had the right protocols and medical care procedures in place and adhered to them from the start.”
Is the action likely to go ahead?
Class actions require seven people to join the claim to get the action off the ground.
Shine tells us that they had already been contacted by several eligible individuals and are currently taking calls through their call centre from other direct family members who will be contacted by their lawyers this week.
Anglicare CEO Grant Millard has publicly stated that in hindsight, he would have preferred for COVID positive residents to have been transferred to hospital rather than treated in the home under NSW Health’s ‘Hospital in the Home’ program.
The ABC Four Corners program ‘Like the Plague’ alleged however that NSW Health had feared the virus spreading into the community and even threatened residents with fines or jail time if they tried to leave.
The real question must be: what – if any – action will the health authorities face?
