A proposed class-action lawsuit has been filed against Extendicare in relation to the several deaths caused by COVID-19 in Saskatchewan.
The lawsuit was launched by Merchant Law on behalf of some of the residents, families and others impacted.
“Not only was Extendicare not following the provincial and Canada-wide directives but the SHA (Saskatchewan Health Authority) was doing nothing to enforce their directions,” said Regina-based lawyer Tony Merchant.
“The failures of the provincial government are notable. They are not a part of the claim in the sense of the SHA or the province being sued, but Saskatchewan people should be inquiring.”
Extendicare Inc. and Extendicare Canada were both named as defendants in the lawsuit. There are also un-named defendants, identified as “other corporations, persons, partnerships, firms and individuals,” in the statement of claim.
According to Merchant, the Saskatchewan Ministry of Health said 41 of the 117 residents who died of COVID-19 in provincial care homes died under the care of Extendicare Parkside in Regina, as of Feb. 3, 2021.
The statement of claim alleges the “defendants have known of the multitude of issues at each of the Extendicare Saskatchewan locations through their audits and the internal and comprehensive SHA facilities reports provided to them since 2013.”
The claim states that Extendicare knew it did not have the staff and resources to provide ongoing medical care and safety measures along with not having any pre-outbreak infection prevention and control practices in place.
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The statement of claim also says Extendicare failed to notify residents, resident’s families and SHA immediately after learning of positive COVID-19 cases.
It says Extendicare was unable to meet obligations that include public health orders, housing and special-care homes regulations and facility regulations.
The alleged failures to comply with public health orders include COVID-19 outbreak planning, supply, use and access to personal protective equipment (PPE) along with resident isolation and testing among residents and staff.
“The directives before COVID-19, had they been followed, would manifestly have saved lives and suffering,” Merchant said. “The directives during COVID-19, had they been followed, all the more would manifestly have saved lives and suffering.”
Brian Albert, Marie Albert, Anna Marie Tokarski and the estate of Gay Coles are listed as the representative plaintiffs in the proposed class action.
The damages outlined in the statement of claim include compensation for loss of life, pain and suffering, funeral expenses and loss of guidance, care and companionship.
The claim also seeks damages for negligence, breach of fiduciary duty and breach of contract.
None of the allegations have been proven in court. The case was filed in the Court of Queen’s Bench for Saskatchewan in Regina on Wednesday and has yet to be certified as a class action.
“Our focus at this time is solely on providing quality care to our residents, and supporting our families and team members,” said Laura Gallant, Extendicare spokesperson.
“We share in the sadness of our community over the devastating toll COVID-19 has taken on Extendicare Parkside and other long-term care homes across the country. We’ll respond to the allegations through the appropriate legal channels in due course.”
SHA and Extendicare entered into a co-management agreement on Dec. 8, 2020, to help address the COVID-19 outbreak. The agreement continued through Feb. 15, 2021.
On Jan. 29, the Saskatchewan government requested that Mary McFadyen, Saskatchewan’s ombudsman, investigate and provide a report in regards to the outbreak.
McFadyen’s investigation is ongoing.
Extendicare’s Saskatchewan locations are in Regina, Saskatoon and Moose Jaw.
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