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‘Something has to be done’: Plaintiff in Northwood class-action lawsuit wants accountability

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‘Something has to do be done:’ Plaintiff in Northwood class action lawsuit wants accountability
The representative plaintiff in a class action lawsuit filed against the Northwood long-term care home says she wants “accountability” for her mother’s death from COVID-19 complications in April. As Elizabeth McSheffrey reports, the number of families interested in joining that lawsuit has more than quadrupled in the 24 hours since news of it became public. – Jun 3, 2020

Erica Surette says her mother, Patricia West, struggled to adapt to life at the Northwood long-term care home in Halifax.

The “fiery” Cape Bretoner valued independence and loved having her own space, but with declining health due to dementia, she required additional supervision.

In March, Northwood staff suggested moving West from a private room to a shared room where her care needs could be met — a move Surette says she objected to in the midst of a pandemic.

“The fact that I couldn’t be there to help her get settled in her room, to help show her around, help her understand that this new room was going to be okay … I knew it wasn’t going to be good,” she told Global News.

West was moved into a shared room at the end of March and by mid-April, she was sick with COVID-19. She died around April 22 at the age of 66.

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Patricia West is seen with her mother in a photo provided by Erica Surette. Submitted

READ MORE: Class action lawsuit filed against Northwood for handling of COVID-19 pandemic

Surette is now the representative plaintiff in a class-action lawsuit filed against Northwood earlier this week, alleging “negligence” in its care for residents during the COVID-19 pandemic. Fifty-three of its seniors have died of complications from the virus and more than 200 have been infected since March. She is calling for change and accountability.

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“There needs to be accountability because my mom and all other residents who have passed, all the families who have lost loved ones, it can’t be for nothing.”

“And if they’re talking about another wave coming, or what other virus — who knows what could come along — something has to be done. They have to change the way they’re operating.”

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Since news of the class action became public, more than 20 relatives of Northwood residents who passed have expressed interest in joining the case.

READ MORE: Northwood seeks private rooms after COVID tragedy, but will N.S. fund the fix?

Representatives for Northwood did not respond to requests for comment on this story, but a statement emailed out on Tuesday said the company “remains committed” to the care and safety of staff and residents as the pandemic continues.

“We appreciate the support and understanding we have been receiving from our healthcare colleagues, residents, and the community,” wrote spokesperson Murray Stenton.

“We have received notification of legal action and we will carefully review and vigorously respond.”

Click to play video: 'Coronavirus outbreak: Class action lawsuit filed against Northwood'
Coronavirus outbreak: Class action lawsuit filed against Northwood

READ MORE: Nova Scotia health minister breaks silence on Northwood coronavirus outbreak

Bob Rosborough, who lost his father Doug to COVID-19 in April, told Global News he has “zero interest” in suing Northwood, whose staff worked “tirelessly and selflessly” with his father in his final days. He said the public ought to hold itself more accountable for its “status quo” approach to care of the elderly.

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“The fault with our care homes is a fault with all of our acceptance of the way our society has grown comfortable or complacent with the way our elderly are dealt with,” he explained by email.

“The Northwood staff were placed in that battlefield of woe and horror by our collective societal neglect of our elders, ill-prepared for such a disastrous event as a global pandemic.”

Rosborough said rather than engage in litigation, society should “realize and act on huge lessons learned.”

READ MORE: Strang urges Nova Scotians to have ‘appropriate expectations’ ahead of reopening

As of Wednesday, the Northwood had three residents and two staff members with active cases of COVID-19. The class-action lawsuit comes as calls for a public inquiry into its handling of the tragedy grow louder.

Dalhousie University law professor Wayne MacKay said both the lawsuit and an inquiry could proceed “carefully” at the same time, but he’s surprised a legal action has been filed so quickly.

“It’s difficult at this point, I would think, to be precisely clear about where the problem is in terms of the tragedy at Northwood,” he said.

“It seems to be kind of early to be proceeding with this until there’s some greater knowledge about what actually did go wrong, and perhaps who is at most — if anyone — is at fault in this case.”

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The class action must be certified by a judge before it can proceed in the courts. The law firm behind it, Wagners, has suggested that with pandemic delays to the judicial system, that could take until 2021.

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