The Pennsylvania nursing home is charged with four deaths.
A new medical liability lawsuit against the Milton Nursing and Rehabilitation Facility alleges that senior employees acted in “gross negligence” and “outrageous conduct that resulted in the death of a nursing home resident who died of COVID-19.” The lawsuit was filed on behalf of Kenetha Guyer, daughter of Jeffrey C. Markle, 63, who died in August of complications from the coronavirus. It is important to note that no claims will be made against frontline workers who have attempted to perform their duties despite being chronically “understaffed by defendants, improperly monitored and poorly equipped”.
The nursing home is accused of four deaths including “a conscious decision not to provide enough staff, training, equipment and resources to operate safely amid the pandemic”. The lawsuit went on to say, “Milton Nursing and its owners, operators and managers … have failed, and have had, an infection prevention and control program, adequate written policies and procedures in place, according to the lawsuit and federal standards not adhered to regulations for the operation of nursing homes. “
Photo by Georg Arthu Pplueger on Unsplash
The lawsuit cites inspection results from the Pennsylvania Department of Health that support its claims, including the fact that staff “allowed symptomatic employees to work with pending test results that were ultimately positive for COVID-19.” It names its owners, operators, and managers, including Milton Operating LLC, MAPA Operating LLC, and MAPA Management Company, MIMA Healthcare LLC of Cherry Hill, NJ, and Bedrock Care LLC of Pomona, NY
The Pennsylvania Department of Health found that the facility failed to protect both frontline staff and residents by refusing to put in place security procedures to stop the spread of COVID-19. As a result, a rapid infection spread across the site, killing nearly three dozen residents. The department found at the time of their visit that “59 employees and 108 residents tested positive for the disease”.
“As a result of Defendants’ negligent, grossly negligent, reckless and outrageous conduct in the operation of their Milton facility, more than 90% of residents have contracted COVID-19, and approximately one third of those residents, including the plaintiff’s deceased, have died from COVID -19 “, says the lawsuit.
Markle, who suffered from Parkinson’s, was admitted to the nursing home in July after falling at home. When Milton took him in, Markle was also being treated for pneumonia and dehydration. He tested positive for the coronavirus in mid-August, but his family was “not notified until the next day and received no information about his condition, a treatment plan, or the ability to speak to an on-call doctor” according to the lawsuit. Four days later, Markle was taken to Evangelical Community Hospital for treatment.
“Milton employees took Decedent to hospital without informing Decedent’s family members or agents,” the lawsuit said. “Milton employees have never informed Decedent’s family members and representatives that Decedent’s condition was in any way deteriorating.”
At the time of admission, he was in temperatures of 104.9 degrees Fahrenheit and was in acute respiratory failure. The intensity of the viral infection was exacerbated by Markel’s other conditions, and he died nine days later. The plaintiff is seeking damages and punitive damages of $ 50,000 for each count made in the lawsuit.
Lawsuit accuses Milton Nursing of negligence in human death
The Pennsylvania care center has been sued over the resident’s COVID-19 death