For over 37 years, Montlick & Associates has fought hard for justice for the people who have suffered serious injuries due to negligence, and for the families of wrongful death victims. Unfortunately, the Coronavirus pandemic has created significant challenges and stresses for everyone in society, but in particular it has increased the number of serious issues facing people in nursing homes and assisted living facilities. Our hearts go out to all those impacted by COVID-19, as well as the medical community and first responders that provide a first line of defense against this terrible disease.
Our firm has been monitoring the ever-changing developments with regard to COVID-19, and have found that while most medical caregivers are fighting for the lives of their patients and taking appropriate steps to prevent the spread of infection, others have reportedly endangered the lives of their residents across the country, most notably some nursing homes and assisted living centers.
As a result, Montlick & Associates is investigating cases where it is suspected that residents of nursing homes and assisted living centers who passed away due to COVID-19 may have become infected by the virus due to the negligence of the facility and their employees. If a long-term care facility fails to implement effective infectious disease policies during this crisis, as recommended by the CDC and the World Health Organization, as well as pursuant to applicable state and federal law, they can be held responsible if their negligence results in the death or serious injury to residents, vendors, or visitors.
We offer exceptional legal representation to our clients in all types of wrongful death and nursing home negligence cases Nationwide.* Our attorneys and legal support staff return phone calls promptly, and keep our clients well informed of all important developments in their cases. When our law firm represents a client, we work hard and treat each of our client’s cases as if they were our own. Moreover, we are proud to have provided personal injury plaintiff legal services since 1984, with a strong moral compass built on integrity, honesty, and unquestionable ethics. Through our hard work and dedication, we have recovered billions of dollars on behalf of our accident and injury clients.**
If you tragically lost a family member because of COVID-19 and believe they contracted the virus because of the negligence of a nursing home or assisted living center, we want to talk to you. Call us Nationwide, 24/7 at 1-800-LAW-NEED (1-800-529-6333), or by simply dialing #WIN (#946) from your cellphone for your free consultation. You may also visit us at Montlick.com and contact us through our Free Case Evaluation Form or Free 24-hour live chat.
As a nation, we are facing a pandemic crisis; the likes of which we have not encountered in over a century. With regard to long-term care facilities, COVID-19 can be easily spread. Unfortunately, the news is filled with tragic stories, including some extreme cases involving long-term care facilities. For example:
On April 15, 2020, ABCNEWS.com reported that a Washington family filed the first wrongful death lawsuit against a senior living facility alleging fraud and negligence over a coronavirus (COVID-19) outbreak at the facility. There have reportedly been 129 novel coronavirus cases and 37 deaths tied to the Life Care Center located in Washington state.
NBCNEWS.com reported on April 16, 2020, that an anonymous tip helped police find 17 bodies piled inside a small morgue at a nursing home in New Jersey. According to this news report, these 17 people tragically died of the coronavirus, and their bodies were initially stored in a shed. The bodies were then transferred to a small morgue at the Andover Subacute and Rehabilitation Center in Sussex County, New Jersey where police discovered the heart-breaking disregard of the residents´ remains. It is being reported that the bodies were found after one of the nursing home’s administrators, also infected with COVID-19, called a congressman requesting more body bags.
According to KGOU.org, 25 long-term care facilities are currently being investigated by the Oklahoma State Department of Health for COVID-19 outbreaks. Investigators are using the Centers for Medicare and Medicaid Services’ (“CMS”) infection control survey as they review each facility to determine if the long-term care facilities comply with federal standards. CMS requires checks for the use of personal protective equipment such as masks and gloves, and the use of proper handwashing, cancellation of community dining and other group activities, and restricted visitor procedures.
Infected healthcare personnel, employees, visitors, and vendors are the most likely source of the introduction of the virus into the facility, since they are coming in from the outside world. Vendors include barbers, hairdressers, podiatrists, entertainers, those bringing provisions, and others. We also know from the CDC as well as the news that this virus is highly infectious, and can be spread by people who are asymptomatic for days before testing positive. Moreover, long-term care facilities are at some of the highest risk of being affected by COVID-19.
As such, these types of facilities shoulder an extraordinary amount of responsibility to mitigate the infection rates of their residents by following the guidelines outlined by our public health institutions and government. The standards imposed on long-term care facilities with respect to COVID-19 are subject to change, and in context of wrongful death claims, each particular case is unique.
In terms of proof, plaintiffs will have to show that their loved ones were infected as a result of something the facility did or did not do. In addition to whether the nursing home had effective protocols to limit the spread of infection, the date of infection will also be very important to file a claim because (1) the public health standards at the time of infection will be relevant and (2) whether anyone at the nursing home was sick with or had a known exposure to the novel coronavirus (COVID-19) at the time of infection will provide insight on whether the facility had a duty to take some type of action. A facility’s breach of a particular public health guideline may not in and of itself constitute negligence, but may be evidence of liability, especially if the facility failed to follow other rules.
All nursing homes, senior care facilities, and assisted living centers owe their residents a duty of care that protects their residents and also ensure their residents receive proper medical treatment. If you tragically lost a loved one due to coronavirus and believe that a long-term care facility is responsible, call us Nationwide for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or dial #WIN (#946) from your cell phone. You may also visit us at Montlick.com and contact us through our Free Case Evaluation Form or Free 24-hour live chat.
The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law(s) of a particular state, and the types of damages recovered can significantly vary from state-to-state as well. For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few. Often, families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased victim. However, even the proper party to bring such a claim (or multiple claims) can vary depending on the state where the accident occurred.
If you lost a family member to COVID-19 and believe a nursing home or assisted living center is to blame, let our attorneys help you navigate this difficult time, answer your questions, and let you know how we can help. For your free case review contact us at 1-800-LAW-NEED (1-800-529-6333), or dial #WIN (#946) from your cell phone for your Free Consultation. We also can be reached on the web by submitting a Free Case Evaluation Form or Free 24-hour live chat at www.Montlick.com.
All types of legal claims are subject to “statutes of limitations” or legal time deadlines, which are subject to exceptions that may even shorten or lengthen the deadline!
By way of example only, certain types of accident claims against governmental entities in specific states as well as claims against the Federal Government can have much shorter deadlines. In some cases, a combination of different types of legal claims may exist that involve different time frames, which may be due to multiple defendants and/or even the laws of more than one jurisdiction. Statutes of limitation also vary from state to state.
Our experienced wrongful death lawyers can investigate the facts and circumstances relevant to your case to determine which statute of limitations (deadlines) apply. We also take the required actions to preserve all important legal deadlines on behalf of our clients.
Delays in pursuing claims also can result in loss of important evidence. Witnesses' memories tend to become less accurate as time passes, and other types of evidence might become more expensive to acquire or may otherwise disappear entirely. Our wrongful death attorneys can evaluate your situation and alert you regarding all deadlines and other procedural requirements to pursue your claim. Our attorneys protect our clients’ cases from all important legal and contractual deadlines, and work to make sure important evidence is preserved when appropriate.
Our dedicated and compassionate attorneys represent clients throughout the United States.* Our law firm has established a reputation for passionately fighting for the rights of our clients and working tirelessly to maximize the value of our clients’ cases. For your free consultation, simply call 1-800-LAW-NEED (1-800-529-6333),or dial #WIN (#946) from your cell phone. We also can be reached on the web by submitting a Free Case Evaluation Form or Free 24-hour live chat at www.Montlick.com.
*Legal Services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction, and any specialized expertise required. For more information, click here.
**Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
April 19, 2020 - JOLIET, Ill. — Joliet, Illinois, has suffered its share of COVID-19-related deaths, especially at one nursing home in particular. According to a report from News Radio WBBM, 23 people in a nursing home died from COVID-19. The nursing home that suffered the unimaginable tragedy, named Symphony of Joliet, reported that 22 people who lived there and one staff member died from the novel coronavirus. The Symphony of Joliet nursing home is one of 26 nursing homes run by the same company in Illinois and Indiana. WBBM also reported that Joliet’s mayor had asked the state’s Department of Public Health to investigate the reason why a large number of residents became infected and died. Read More
April 19, 2020 - JOLIET, Ill. — The Symphony nursing home of Joliet, Illinois, has been infiltrated by the COVID-19 pandemic, according to The Herald-News. Over 20 people have died, including one staff member at the home. The Symphony nursing facility has the highest concentration of COVID-19-positive patients out of any nursing home in Illinois. However, the Symphony of Joliet is not alone. Sadly, the rate of COVID-19 infection in Illinois nursing homes has doubled in one week’s time. However, 20 people from Symphony died in the last seven days and 23 overall since March 27, 2020, from COVID-19. All residents who received negative COVID-19 tests have moved out of the facility and into others run by the same company. Read More
April 19, 2020 - RICHMOND, Va. — Nursing homes in Virginia historically have a terrible track record of controlling the spread of infections in their facilities. According to The Virginian Pilot, 77 percent of the commonwealth’s nursing homes failed to satisfy infection control and prevention regulations. Even after receiving a failing grade, many nursing homes failed to clean up their act. They failed the required infection control and prevention testing again. Then the coronavirus pandemic struck. Some failing grades were issued by governmental regulators, such as not washing hands or wearing masks while treating contagious patients. Today we know that these steps were required to save lives and to prevent the spread of infectious disease. Read More
April 19, 2020 - HAYWARD, CA. — The prosecuting authority from Alameda County opened an investigation into a nursing facility because thirteen residents died from the novel coronavirus. The Alameda County district attorney said that the Gateway Care and Rehabilitation Center is under investigation for a large number of deaths. Additionally, one family is pursuing legal action of a woman who died from COVID-19 and lived at the nursing home. According to an article from the Patch of Castro Valley, CA, the investigation could include probing elder abuse allegations, criminal negligence, or involuntary manslaughter charges because of the conditions in the facility. Read More