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Nursing Home COVID-19 Lawsuits

Gomez Trial Attorneys seeks justice on behalf of Nursing home, Residential Care Facility, (“RCF”) and Adult Residential Facility (“ARF”) residents who contracted COVID-19 at the following facilities among others:

  • Reo Vista Healthcare Center – Paradise Hills, San Diego
  • Avocado Post-Acute – El Cajon
  • Victoria Post-Acute Care – El Cajon
  • Windsor Gardens Convalescent Center of San Diego – El Cajon
  • Elmcroft of La Mesa – La Mesa
  • Silverado Senior Living – Escondido
  • Atria Rancho Penasquitos – Rancho Penasquitos, San Diego
  • East Bay Post-Acute – Castro Valley

Nursing home, RCF and ARF residents and/or their family members may be entitled to compensation for the mishandling of coronavirus prevention by the facilities that were paid to keep residents safe and healthy at a most vulnerable time in their lives. The failure of nursing home and residential care facilities to take appropriate preventative and protective measures has resulted in injuries to nursing home residents ranging from severe mental and emotional trauma to serious illness and hospitalization to death.

In fact, congregate living facilities, including skilled nursing homes and residential care facilities, account for nearly half of the San Diego region’s deaths linked to COVID-19. Advocates for nursing home residents point to a connection between poor safety records and the number of COVID-19 cases at certain skilled care and residential care facilities.

If you or your loved one has contracted COVID-19 at Reo Vista Healthcare Center, Avocado Post-Acute, Victoria Post-Acute Care, or Windsor Gardens Convalescent Center of San Diego, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your rights.

California’s Largest COVID-19 Nursing Home Outbreak Tied to South Bay Facility: Reo Vista Healthcare Center

According to recent reports, the majority of residents at Reo Vista Healthcare Center in San Diego have tested positive for COVID-19. The California Department of Public Health’s (“CDPH”) database reports that a total of 117 residents and 40 staff members have tested positive for the novel coronavirus. 15 affected residents have died, with at least five passing away in local hospitals.

Reo Vista can hold 135 residents at its location in the Paradise Hills area of South Bay San Diego. Earlier news reports indicate that Reo Vista did not perform routine testing of all residents and staff until its first baseline assessment on May 28, 2020. The California Department of Public Health’s strike team assisted in expediting testing for residents and staff, has visited the facility three times, and remains heavily involved in the ongoing situation at Reo Vista.

If you or your loved one has tested positive for COVID-19 after residing at Reo Vista Healthcare Center, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Other San Diego Facilities Also Report Outbreaks among Residents

Unfortunately, other San Diego area skilled nursing facilities also report alarmingly high numbers of COVID-19 positive residents and staff members.

Avocado Post-Acute, El Cajon

At Avocado Post-Acute, the CDPH reports a total of 103 residents, and 44 staff members have tested positive for COVID-19. 14 residents of the facility have died from coronavirus-related causes. Avocado Post-Acute is a very large facility with 256 beds available for residents.

Ratings for the facility as to the quality of its short-term care are below average. It’s overall rating from the Centers for Medicare & Medicaid Services (“CMS”) is 1 star compared to the California average of 3.6 and a National average of 3.31. If you or your loved one has tested positive for COVID-19 after residing at Avocado Post-Acute, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Victoria Post-Acute Care, El Cajon

A total of 47 residents and 41 staff members tested positive for coronavirus at Victoria Post-Acute Care in El Cajon. A total of 19 residents of the facility have died from coronavirus-related causes. Victoria Post-Acute is a medium-sized facility with 120 beds available for residents.

Its overall rating from CMS is 3 stars, which is below the California average and National average. If you or your loved one has tested positive for COVID-19 after residing at Victoria Post-Acute Care, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Windsor Gardens Convalescent Center of San Diego, National City

A total of 63 residents and 26 staff members tested positive for coronavirus at Victoria Post-Acute Care in El Cajon. A total of 17 residents of the facility have died from coronavirus-related causes. Windsor Gardens Convalescent Center is a medium-sized facility with 98 beds available for residents. If you or your loved one has tested positive for COVID-19 after residing at Windsor Gardens Convalescent Center of San Diego, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Elmcroft of La Mesa, La Mesa

At Elmcroft of La Mesa, the California Department of Social Services (“CDSS”) reports a total of 34 residents and 17 staff members have tested positive for COVID-19. 14 residents of the memory-care facility have died from coronavirus-related causes. Elmcroft of La Mesa is an assisted living senior living community and offers 56 beds for residents.

Before the coronavirus epidemic, Elmcroft was cited by regulators for inadequate supervision contributing to fights among residents. If you or your loved one has tested positive for COVID-19 after residing at Elmcroft of La Mesa, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Silverado Senior Living, Escondido

According to CDSS, A total of 17 residents and less than 11 staff members tested positive for coronavirus at Silverado Senior Living in El Cajon. Less than 11 residents of the facility have died from coronavirus-related causes. Silverado Senior Living is a medium-sized senior living facility specializing in dementia and memory care. The facility has 104 beds available for residents.

If you or your loved one has tested positive for COVID-19 after residing at Silverado Senior Living of Escondido, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Outbreaks among Residential Care Facilities, Adult Residential Facilities and Nursing Homes throughout the State of California

Outbreaks of coronavirus are popping up throughout the state of California—resulting in disturbingly high numbers of COVID-19 positive residents and staff members. Gomez Trial Attorneys is investigating injury and elder abuse cases from facilities across the state including:

East Bay Post-Acute, Castro Valley

At East-Bay Post Acute, The Los Angeles Times reports a total of 22 residents and 23 staff members have tested positive for COVID-19. As of April 14, 2020, 1 resident of the facility died from coronavirus-related causes. East Bay Post-Accute is a medium facility with 91 beds for residents. If you or your loved one has tested positive for COVID-19 after residing at East Bay Post-Acute, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

Atria Rancho Penasquitos, San Diego

At Atria Rancho Penasquitos, the CDSS reports a total of 22 residents, and less than 11 staff members have tested positive for COVID-19. Less than 11 residents of the memory-care facility have died from coronavirus-related causes. Atria Rancho Penasquitos offers memory care and assisted living and offers 51 beds for residents. If you or your loved one has tested positive for COVID-19 after residing at Atria Rancho Penasquitos, contact the COVID-19 nursing home lawyers at Gomez Trial Attorneys to learn more about your legal rights.

What Is a Coronavirus “Cluster?”

As the COVID-19 coronavirus spreads in the United States, local, regional and national health officials report on alarming clusters of infected persons. If you’ve paid attention to news reports, you have seen examples of these clusters pop up in nursing homes and assisted living facilities, cruise ships, military bases, churches, workplaces, hospitals and households, among others.

A disease cluster or infection cluster refers to a group of similar health events that have occurred in the same area around the same time, like cases of COVID-19. Where several people reside together in the same space, or many people gather in some type of group environment, there is a higher likelihood of mass infection if one of these persons has the new coronavirus. This article refers to some identified cases as “outbreak clusters” of COVID-19. Typically, a cluster is defined as three or more cases in close proximity and a similar time.

Troubling “Clusters” of Coronavirus at Nursing Homes

The troubling clusters of Coronavirus at Reo Vista Healthcare Center, Avocado Post-Acute, Victoria Post-Acute Care, and Windsor Gardens Convalescent Center of San Diego are just some of the latest outbreaks of COVID-19 at similar facilities. One of the first clusters of COVID-19 was identified at the Life Care Center, a nursing home in Kirkland, Washington, where at least 81 individuals tested positive for the coronavirus, and of those, 35 died as a result of the infection.

A report made by the Seattle Times on March 18, 2020, stated that the nursing home’s response to the outbreak was delayed. Despite cases of respiratory illness spreading throughout the facility since late January 2020, the facility didn’t obtain sufficient supplies to test all residents until March 7, and staff members lacked sufficient protective equipment. Moreover, several staff worked at multiple facilities despite exhibiting symptoms of coronavirus.

Nursing Homes at High Risk for Coronavirus

As the novel coronavirus (COVID 19) pandemic continues—shown to be particularly hard on older people and people of all ages with serious underlying conditions—it is of utmost importance that nursing and assisted living (also known as long-term care) facilities who care for patients within this population are vigilant in preventing and protecting against the spread.

Unfortunately, based on the numerous examples of tragic outbreaks already occurring within these facilities across the State of California and United States, not all have prepared, trained, or become properly equipped to do so. If you or a loved one in one of these facilities has not been properly cared for or has passed away due to COVID-19, you are encouraged to contact a coronavirus attorney at Gomez Trial Attorneys who has specific experience in nursing home abuse and neglect.

Why Are Nursing Homes and Long-Term Care Facilities at a Higher Risk for Outbreaks of COVID-19?

Over the last several months, the United States, along with the rest of the world, has suffered tremendously as a result of the outbreak of COVID-19. Because this virus is novel, very little research exists and much about it is unknown. However, amidst all of the unknowns, changing information, orders, and public recommendations, one aspect of the virus has remained constant:

“Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions might be at higher risk from severe illness for COVID-19.

The death rate is between 10 percent and 17 percent for people 85 and older, and 3 percent to 11 percent for people age 65 to 84.

Sometimes called “skilled nursing facilities” (SNFs), “nursing homes,” “rehabilitation centers” “convalescent hospitals,” “assisted living facilities,” or “long-term care facilities,” these facilities provide a variety of medical and personal care to chronically ill persons, older people and people who are unable to manage independently in the community. Over 4 million Americans each year are admitted to these facilities and over one million persons reside in them.

In other words, these facilities care for a vast number of Americans who fit the precise demographic most vulnerable to severe illness from COVID 19.

“Given their congregate nature and residents served (e.g., older adults often with underlying chronic medical conditions), nursing home populations are at the highest risk of being affected by COVID-19.”

However, the serious risk of an outbreak in these facilities goes beyond the patient demographics alone. Other factors include:

  • The nature of the interactions between patients and staff—frequent, intimate interaction including help using the restroom, feeding, getting in and out of bed, etc.
  • High numbers of patients and staff living and working in close quarters, congregating in dining halls and activity rooms
  • Visitors who come to see patients in the facilities who may not have been properly screened
  • Physicians, nurses, and staff who provide care at multiple facilities
  • Chronic understaffing and staffing turnover
  • Staff caring for and moving from resident to resident without adequate protective equipment
  • Patients with dementia who are unable to accurately report symptoms, understand or abide by isolation/distancing guidelines, etc.
  • Physical infrastructure of dated facilities, which pose challenges to disinfecting, distancing, isolating, and quarantining residents

While several of the above-listed factors may have changed in recent months, some are simply impossible to avoid, and unfortunately, the damage has been done.

What Rights Do Residents of Nursing Homes Have?

Nursing home residents have the right to receipt of proper medical care, treatment with respect, and to be free from verbal, sexual, physical and mental abuse, neglect, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. A nursing home that participates in the Medicare program offers certain guaranteed rights and protections under statute. If a nursing home is not regulated by federal statute, rights under state laws will apply to its residents.

Attorney John Gomez

Coronavirus attorney, John Gomez

Institutions Have a Responsibility to Take Preventative Measures

Any institution, organization or business that interacts with or operates with groups of people has the responsibility to make sure that their members or staff are not at risk for spreading disease or viruses. This responsibility requires proper training regarding public health risks and concerns, like the COVID-19 coronavirus. This is especially important where the threat of the spread of a disease, like COVID-19, could affect many people and create a cluster of infected persons.

An institution’s, organization’s or business’ failure to provide proper care, safety measures, policies or training may rise to the level of negligence or gross negligence if that breach of duty leads to a cluster of infections. This negligence or gross negligence may give rise to a lawsuit—where all of the victims, or injured persons, join together to hold the institutional wrongdoer accountable for their actions.

Do I Need to Hire a Lawyer?

If you would like to pursue any monetary damages for your or your loved one’s injuries from coronavirus, you should hire a lawyer to prosecute your claims. This case is not a class action and you will need to file a separate lawsuit to preserve your rights. With so many nursing home residents affected locally, we expect many potential litigants to come forward to hold these nursing home facilities accountable for their actions. To make sure you get accurately and fairly represented learn how you should select your personal injury attorney before making your decision.

What will a COVID-19 Nursing Home Lawsuit Cost?

Gomez Trial Attorneys offers you a free consultation. Additionally, our law firm works on a contingency fee basis which means we are paid if, and only if, we are able to recover money for you. We advance all costs and are paid through a percentage of your ultimate recovery. If we are unable to recover money on your behalf, you will owe us nothing.

How Can I Find Out More About the COVID-19 Nursing Home Lawsuit?

You can call us at 619.237.3490 or email us through our contact page. We would be happy to speak with you about the lawsuit and find out more about your own experience at Reo Vista Healthcare Center, Avocado Post-Acute, Victoria Post-Acute Care and Windsor Gardens Convalescent Center of San Diego.

Gomez Trial Attorneys – Committed to Our Clients and Our Community

As a law firm, Gomez Trial Attorneys is committed to a set of established core values. Two of our core values come especially into play during the current coronavirus pandemic: “we always do the right thing,” and “we improve our communities.”

At Gomez Trial Attorneys we are doing everything we can to help stop the spread of coronavirus and ultimately, save lives. While we remain open for business and working hard for our clients, our attorneys and staff are working socially-distanced in our offices or remotely from home. As a business, taking these proactive and preventative measures to prevent the spread of COVID-19 is our responsibility.

At Gomez Trial Attorneys we strive to be leaders in our community and encourage all of our potential clients, clients, friends, and family to #STAYHOME to stop the spread of coronavirus COVID-19. We applaud businesses, institutions, and organizations that are taking proactive preventative measures to avoid causing clusters of newly infected persons.

* This article cites data current as of July 19 and July 23, 2020

Gomez Trial Attorneys
655 West Broadway, Suite 1700
San Diego, CA 92101
Phone: (619)-237-3490

Review: 5/5
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“I want to thank John Gomez and his associate Kayla Lynk for working tirelessly in our case. Words cannot describe how grateful I am to both of you and the firm for taking our case. You have been so phenomenal and I appreciate every effort you all have put in. Kayla kept us informed throughout the process of our case & was highly professional and responsive. John and Kayla went above and beyond and did everything they could to ensure a great outcome for us. I couldn’t have asked for a better law firm or attorney.”

Review by: Shiela A.

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