Lawsuit Filed Against a New Jersey Nursing Home for Employee COVID-19 Death Due to Lack of Personal Protective Equipment

A lawsuit has been filed against a New Jersey nursing home by the family of an employee who passed away due to COVID-19 complications in April 2020. The lawsuit claims that employees of the nursing home were not given adequate personal protective equipment (PPE) to protect them against COVID-19.

The lawsuit claims that the employees of the nursing home were unable to get adequate personal protective equipment (PPE) which was alleging kept under lock and key at the nursing home.  Additionally, the lawsuit alleges that the employees were told to figure out on their own how to get PPE, that sick residents were moved from room to room without masks being used, and that beds where residents had died were not disinfected.

The employee who died from COVID-19 complications had been at the nursing home for 20 years, where she worked in the administrative office. On March 26, 2020, the employee began to feel ill but continued to work without restrictions. The employee later tested positive for COVID-19 and was admitted to the hospital, where she died on April 6, 2020. The lawsuit also alleges that employees of the administrative office were not given any PPE.

Three other lawsuits have been filed against the nursing home in the past year alleging that four residents died from COVID-19 complications related to poor care between April 1 through May 2, 2020.

Issue:

Each facility’s Emergency Preparedness Plan should include strategies to implement when PPE supplies are limited. Facilities must routinely monitor their use of PPE, stock levels, and anticipated deliveries to determine appropriate capacity strategies. In addition, each facility’s Infection Control Plan should be up-to-date and include guidance from The Centers for Disease Control and Prevention (CDC) and other credible sources.

Discussion Points:

  • Review your Emergency Preparedness Plan and your Infection Control Plan. Ensure that each plan is up-to-date and includes the most recent information from the CDC and other credible sources.
  • Train all staff on your Emergency Preparedness Plan and the Infection Control Plan.  Document that these trainings occurred and file the signed document in each employee’s education file.
  • Periodically audit to ensure that staff are following your Infection Control guidelines and are aware of their roles during an emergency.

CONTACT TRACING

CRITICAL COVID-19 VACCINE SAFETY FACTS

MAINTAINING PROPER INFECTION CONTROL PROCEDURES