Five families who lost loved ones during the Covid-19 pandemic at a Cork nursing home have launched what are understood to be landmark wrongful death actions before the High Court.
The settlement of one of those cases, relating to the death of 81-year-old James Lee, was confirmed this week. Mr Lee died in February 2021 at CareChoice Nursing Home in Ballynoe, Co Cork, during a significant outbreak at the facility.
Counsel for the family, barrister Ray Motherway, instructed by PA Duffy and Co solicitors, told the court that the case against CareChoice Ballynoe Ltd had been settled without an admission of liability. The terms of the settlement remain confidential.
Judge Paul Coffey noted the settlement and made an order for costs against CareChoice Ballynoe Ltd, while the separate action against the Health Service Executive (HSE) was struck out with no order for costs.
The case is one of the first of its kind to come before the courts in Ireland in relation to a nursing home death during the Covid-19 pandemic, with the remaining four actions expected to be heard in the coming weeks.
Mr Lee’s niece, Arlene Walsh, from Carrignavar, Co Cork, brought proceedings against both the nursing home operator and the HSE over the circumstances surrounding his death.
It has previously been reported that 24 residents of the 51-bed Ballynoe facility died during the pandemic, although not all deaths were attributed to Covid-19.
In the case, it was alleged that Mr Lee had been unnecessarily exposed to the risk of contracting Covid-19, with a number of claims made regarding how the outbreak was handled.
These included an alleged failure to learn from earlier outbreaks in other nursing homes, and a failure to take adequate preparatory measures ahead of the January 2021 outbreak at the facility.
Dublin's Four Courts building, Inns Quay, location of the Supreme Court, the Court of Appeal, the High Court and the Dublin Circuit Court.
It was further claimed there was an alleged failure to implement sufficient restrictions on visitors, as well as a failure to develop an isolation contingency plan in a timely manner for residents who tested positive.
Additional claims included an alleged failure to prioritise patient safety over capacity and associated profit, and a failure to anticipate the need for additional oxygen supplies as residents’ conditions deteriorated.
The proceedings also alleged that residents with dementia who were Covid-positive were not adequately prevented from leaving isolation areas and mixing with Covid-negative residents, potentially contributing to the spread of infection.
It was further contended there was an alleged failure to communicate effectively with families regarding the status of the outbreak and the condition of residents, as well as a failure to notify HIQA and other relevant bodies of deaths and significant incidents within required timeframes.
According to the case, Covid-19 was first detected in the facility on December 30, 2020, with further positive cases among staff and residents identified in mid-January 2021.
Mr Lee initially tested negative for the virus in mid-January, but later tested positive on January 31, 2021. His condition deteriorated rapidly, requiring oxygen support, and he died on February 3, 2021.
