Proposed settlement reached in lawsuit alleging negligence in deadly COVID care home outbreak
CBC
A proposed settlement of nearly $1 million has been reached in a class action lawsuit against a northern Alberta long-term care facility accused of failing to protect residents from a deadly outbreak of COVID-19.
The lawsuit alleged that negligent care provided by Integrated Life Care Inc., the operator of Manoir du Lac Continuing Care Centre in McLennan, Alta., exposed residents to the novel coronavirus. Claimants had been seeking a total of $20 million.
A statement of claim details how the outbreak spread, largely unchecked, among staff and residents of the facility, leading to 40 confirmed cases and 11 deaths.
As cases at Manoir du Lac reached their peak in April 2020, Alberta Health Services temporarily removed the facility's director and took over day-to-day operations.
When announcing the extraordinary measure, Dr. Deena Hinshaw's — then Alberta's chief medical officer of health — described staffing levels and infection control measures at the facility as inadequate. An outbreak was officially declared the following month.
The statement of claim was filed in July 2020 in what is now Edmonton Court of King's Bench.
A proposed $947,000 settlement, offering compensation to infected residents and their families, is awaiting court approval.
An application filed in February will be heard at a notice of certification and settlement hearing in Edmonton on May 29.
If approved, there would be a 30 day waiting period to allow for possible appeals. After that passes, compensation will be paid out to claimants.
The proposed settlement would pay out claims from residents of the facility who tested positive for COVID-19 between March 20, 2020, and April 22, 2020, and either became ill or died. Spouses, partners and children of residents who were infected during the same time period are also included in the class.
Clint Docken, a lawyer for the plaintiffs, said his clients are relieved and hopeful the settlement will clear the way for other claims seeking damages for similar outbreaks in long-term care homes across the country.
"COVID in care homes was a significant problem throughout Alberta as well as the balance of Canada," Docken said in an interview.
"There are many COVID care home claims working their way through the courts, so we are hopeful that this might very well set some precedent."
The statement of claim details how operators at Manoir du Lac failed to protect vulnerable clients from COVID-19. The alleged negligence included poor testing, inadequate staffing and weak isolation protocols.
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