Rosslyn Retirement Residence in Hamilton facing $30-million class-action lawsuit – Hamilton

Families who have lost loved ones and residents infected in a devastating COVID-19 outbreak at Rosslyn Retirement Residence are taking legal action against the East Hamilton facility.

They filed a $ 30 million class action lawsuit alleging the Rosslyn’s management failed to adequately protect residents from COVID-19.

The statement of claim was filed by Gary Will of Will Davidson LLP on behalf of residents infected during the fatal outbreak in May 2020.

Will said the facility was known to the Retirement Homes Regulatory Authority (RHRA) prior to the pandemic, with multiple complaints, inspections, and compliance orders from 2016 when the home’s current owners took over.

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Licenses have been revoked at retirement homes in Hamilton affiliated with owners of Rosslyn, Emerald Lodge

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“There have been complaints, there have been investigations, there have been warnings for owners to stand up,” Will said.

“This place was completely unprepared. And when COVID hit, Rosslyn residents unfortunately took the brunt of this non-compliance and unpreparedness for this pandemic. “

The allegations in the claim statement include Rosslyn’s failure to implement mandatory infection prevention and control measures such as COVID-19 screening and physical distancing.

The house is also said to have allowed potentially COVID-19 positive residents to continue eating in the dining room with other residents until the house was evacuated on May 15, 2020.

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64 of 66 residents fell ill with the virus, 22 employees and 16 residents died.

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The appeal hearing for the Rosslyn retirement home in Hamilton was postponed to 2021

RHRA revoked the house’s operating license a month later after a final report found several issues were not addressed by management, including inadequate supplies of personal protective equipment (PPE) and training for staff, lack of pest control and a manager before Place attempt to obstruct an inspection.

The owners of the house appealed the revocation. A hearing was scheduled for an unspecified date in 2021.

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The claim has not yet been confirmed, but Will said they had already met with a judge in Toronto who told the parties involved that he wanted it to move “as soon as possible”.

A lawyer who previously represented the Martino family, who own the house, has not responded to Global News’ request for comment.

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According to regulators, an employee at the nursing home in Hamilton was working with COVID-19 symptoms

The $ 30 million lawsuit includes $ 20 million in damages for “negligence, breach of contract, and death” and $ 10 million for “punishable and exemplary or exacerbated damages.”

Will said local residents and relatives want compensation for the pain caused by the actions of Rosslyn management, but they also want answers.

“You need to know what happened and why it happened,” said Will. “It is shocking that the family members remain completely in the dark and do not know what is going on in these nursing homes. They rely on the owners of the nursing homes and the retirement homes to give them complete and accurate information and that just doesn’t happen. “

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