The suit alleges that the facility was “poorly staffed,” and that during an inspection in February, received an inspection report that reflected “unsafe and unsanitary” conditions. Corrective action was not taken, according to suit, resulting in creation of a “lethal and growing reservoir of the severe acute respiratory syndrome coronavirus 2,” which is the “causative agent of the COVID-19 disease.”
The plaintiff, Ms. Garvin, is described as “a lucid and vibrant individual.” She was placed in Citadel-Salisbury in February, 2020, paying $11,000 per month for a “private room and quality care.”
Garvin is now seriously ill with COVID-19, according to the lawsuit.
The suit also lists conditions found at Citadel-Salisbury during the February inspection. It said that the facility had “failed to resolve repeated concerns reported during resident council meetings related to not answering ‘call lights’ for three consecutive months, not cleaning showers for six consecutive months, along with other violations.”
This environment allowed for the spread of the coronavirus, according to the allegations.
“Neither the plaintiff nor her caretakers and loved ones had any idea of the poor and dangerous conditions then existing at the facility,” the suit says.
The lawsuit claims that concerned family and friends learned at some point that Ms. Garvin had been moved into a “quarantine hall” when she reportedly had a UTI and a fever. Ms. Garvin eventually called her son to express fear and confusion over her situation, the lawsuit states.
Family and friends were allegedly left in the dark without information about Ms. Garvin’s situation despite numerous attempts to contact, the lawsuit claims. They went on to find out that she had been moved from her own private room to a room with a resident who tested positive for COVID-19, according to the lawsuit.
The lawsuit claims that loved ones learned from news reports that the situation at the Citadel had become dire due to a coronavirus outbreak, but when they reached out for information they were told that the situation was being handled by corporate.
Family at some time was told that Ms. Garvin had tested positive for COVID-19. As her condition weakened, family requested to be able to visit, according to the lawsuit.
When family and friends arrived, they allegedly received a disposable suit, booties, and a face mask but no gloves, the lawsuit says.
“When they were escorted to the quarantine hall, it was like walking into a death ward,” the lawsuit says.
Garvin, the suit says, was injured “while in the care of the Defendants and their staff at the Citadel facility, due to the grossly negligent and/or reckless conduct of defendants and their employees acting in the normal course and scope of their work duties.”
The lawsuit claims that the conduct of the Citadel, including acts of egregious, reckless, willful and wanton conduct, justifies an award of punitive damages. The lawsuit requests the awarding of actual and compensatory damages, punitive damages, costs, fees and expenses as well as interest allowable by law and other relief the court may deem just and proper.
As part of the allegation, there is a claim that the facility breached their duty of due care through lack of awareness during the coronavirus pandemic, intentional negligence and disregard for safety and failure to protect others for harm and exposure to dangerous conditions.
The plaintiff allegedly suffered damage in the amount of more than $25,000 due to the Citadel’s breach of duty, the lawsuit states
The allegation also claims that Accordius Health failed to use their available resources to ensure proper level of care and safety, specifically at the Salisbury facility.
The suit demands a jury trial in the case.