Class-action lawsuit filed against Whitby nursing home

Sunnycrest Nursing dwelling going through $30 million assertion of declare

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The household of a girl who died in a Whitby nursing dwelling in January is the consultant plaintiff in a $30 million class-action lawsuit.

Filed in February in Ontario Superior Court docket, the assertion of declare towards Sunnycrest Nursing House on Dundas St. E. is asking for $20 million in compensatory damages and a further $10 million in punitive — plus court docket prices.

Edelvena Smelova, 87, whose household is the declare’s consultant plaintiffs, died Jan. 7 attributable to issues from COVID-19 and extreme dehydration, the declare states.

Born in Moscow in 1934, Smelova survived the horrors of the Second World Conflict earlier than changing into a famend music educator and emigrating to Canada in 1996 the place she continued her work as a music trainer.

“We’re heartbroken realizing that our mom and grandmother spent her final two months alone, with out seeing us or feeling our love,” stated daughter Julia Ratnayake.

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Lead counsel Gary Will of Will Davidson LLP stated over half of Ontario’s long-term care houses suffered no deaths throughout the pandemic’s second wave and most fatalities occurred at solely a handful of houses.

“The gross negligence of Sunnycrest Nursing House is mirrored in the truth that they allowed a major outbreak of COVID-19 on November 23, 2020,” Will stated. “It’s merely inexcusable that Sunnycrest was not higher ready to guard weak residents greater than 9 months into the pandemic.”

That outbreak, which lasted till Jan. 1 2021, resulted in 177 resident and 78 workers COVID-19 infections, and 34 deaths.

In November, a provincial inspection report of Sunnycrest concluded the house had “did not display that it was offering a secure and safe atmosphere for its residents throughout the course of its outbreak,” prompting the province to order Lakeridge Well being to offer direct hospital assist by way of a voluntary administration settlement.

The inspection discovered  the care dwelling was not screening individuals coming into or exiting the ability, there was a scarcity of PPE for workers, and the ability was being manned by lower than 50% of its common workers leading to delays of care and drugs for residents.

Inquiries to Sunnycrest for remark and if a press release of defence was filed weren’t returned by press time.

bpassifiume@postmedia.com
On Twitter: @bryanpassifiume