$30M lawsuit claims Rosslyn failed residents before and during COVID-19 pandemic

A Toronto law firm hasfiled to launch a class action lawsuit against a Hamilton long-term care home for its handling of aCOVID-19 outbreak that infected 22 staff members and 64 residents, 16 of whom died.

The statement of claim filed by Gary Will of Will Davidson LLPalleges theRosslyn Retirement Residence didn't do enough to protect its residents, even before the pandemic,and didn't do enough to prevent the virus from spreading when it arrived.

The suit asks for $20 million for negligence, breach of contract, and wrongful death. It is also seeking $10 million for damages.

"When COVID-19 infections started in March, this home was not prepared and their vulnerable residents paid the price,"Will said in a statement.

None of the claimshave been tested in court.

Robert Brown, a lawyer who has previously representedthe Rosslyn, was not immediately available for comment.

Will told CBC News there has been no statement of defence and no certification of the claim yet.

The claim points to provincial guidancefrom Jan. 31, 2020, whichwarned long-term care residents faced more risk and advised staff to use more hand sanitizer and masks. On Mar. 28, the province issued an emergency order to stop organized public events and social gatheringsof more than five people.

Despite this, the claim alleges, the Rosslyn never placed restrictions on where residents could go and who could visit them. It states many residents ate together, some of whom may have been COVID-19 positive.

The claim says staff lackedtraining and personal protective equipment (PPE), andstaffing shortages led to residents missing out on basic necessities.

In mid-May, the entire home was emptiedbecause of the outbreak.That same month, the claim notes the Retirement Homes Regulatory Authority (RHRA)filed a report stating staff at the home lacked training around infection prevention and control and weren't provided with adequate PPE.

The claim also listsmultiple RHRA inspections since 2016whichit says show non-compliance. Previous inspections, the claim alleges,have foundblack mould and utensils covered inmouse droppings.

RHRArevoked the Rosslyn'slicence on June 15after it was evacuated,with an order that describeda situationwhere cost-cutting was the priority, nursing staff were intimidated by an administrator and a medicationroom was so crammed with trash it took days to clear.

The home is associated with the Martino family, whichowned theRoyal Crest Lifecare chain of nursing homes thatwent bankrupt in 2003.

Home appealed decision

The home appealed that decision, calling it "unfair" and citing what it called"serious errors in law and fact."

RHRA has alsoissued orders revokingthe licences of six otherhomes connected tothe Martino families.

Henry Pietak is the representative plaintiff in the lawsuit that includes residentswho got COVID-19, theirfamilies, and anyone who got infectedin the facility.

His 95-year-old father, Alexander, died on Mar. 30 due to COVID-19.

"The spread of COVID-19 at Rosslyn was a needless tragedy ...and should never be allowed to happen again in the future," Will said.