GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Coronavirus

Coronavirus news & updates on how it may affect your case

  • LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    [vc_row][vc_column][vc_column_text]The Law Offices of Craig Goldenfarb, P.A. announced on Friday, March 12th, 2021 that we’ve filed a complaint against Grand Villa of Delray East for their gross negligence and inaction for protecting the safety and livelihood of Sara Schleider. The lawsuit is filed on behalf of Mrs. Schleider’s estate and her surviving adult children.

    Mrs. Schleider was a resident of Grand Villa who had contracted the novel coronavirus and developed Covid19 when a severe outbreak occurred at the home in May 2020. Our lawsuit alleges that Grand Villa knowingly withheld from the family the knowledge that at least 43 other patients from that same memory ward had also contracted the virus, and 10 had already died by the time Mrs. Schleider was admitted to Delray Medical Center to undergo treatment for exposure. Mrs. Schleider died about from the disease about six week later.

    Mrs. Schleider is survived by her two adult children, Felice Vinarub and Howard Schleider, who are the Plaintiff’s in this Wrongful Death suit. Mr. Spencer T. Kuvin, Esq. is the lead litigator.

    Mrs. Sara Schleider was an accomplished pianist, a teacher, and a loving and doting mother, grandmother, and great-grandmother. Mrs. Schleider and her husband, Sam, a holocaust survivor, had expected to live out their years in quiet solidarity and comfort, surrounded by her loving family. Instead she died in a cold, sterile hospital room, alone, because of the gross mismanagement by the owners of the private for-profit Grand Villa Delray East for their failure to adequately protect and insulate their residents from the well-known threat of the novel coronavirus.

    Allegations of systemic failure to protect their residents or follow even the most basic sanitary guidelines

    Our lawsuit cites multiple systemic failures on the part of the management & owners of the private for-profit assisted living facility, citing both the family’s traumatic testimony and experience, as well as ACHA documents that allege the same. Sadly, this facility is but one of eighteen throughout the state owned by the same company – most of which have had similar problems.

    Among other violations, the facility failed to follow even the most basic precautions to prevent the spread of Covid19 within it’s walls, from mixing soiled laundry and sharing rooms between infected and non-infected patients, to failing to provide PPE to workers, or failing to adequately monitor that staff was using PPE. As a direct result, a worker brought the virus into the center, and it spread like wildfire – eventually infecting and killing Mrs. Schleider.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_gallery interval=”3″ images=”5677852,5677851,5677850,5677849″ img_size=”large” title=”Photos of Sara Schleider & Family”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

    Many of the allegations we’ve purported in our lawsuit are backed by evidence cited by the Agency for Health Care Administration, or AHCA, Florida’s regulatory authority over all long-term care, nursing homes, and assisted living facilities throughout the state. Among the many failures cited in their June 6th, 2020 visit include a lack of PPE for staff, soiled laundry from positive Covid-19 patients being stored next to clean laundry, a lack of cleaning protocol, and number staff members having tested positive for the virus. You can find that report here.

    Less a year follower her death, we are filing suit. Why so quickly? Senate Bill 74 (SB74)

    This lawsuit is being filed on a much quicker timetable than usual due to Tallahassee legislatures’ attempts to jam through a broad immunity bill that would protect even gross negligence perpetrated by nursing homes like Grand Villa across Florida, despite numerous ACHA reports that are now showing multiple systemic and organizational failures and violations for this and several other nursing homes throughout the state. Senate Bill 74 (SB74) has made its way through required committee hearings, and will likely be signed into law by Governor Ron Desantis as soon as next week.

    SB74 raises the standard of negligence that must be proven to bring forward a Covid19 lawsuit to what in practical terms amounts to criminal manslaughter, and it reduces the statute of limitations for death cases to only one (1) year. Those two provisions in the bill combine to effectively make it nearly impossible for families to seek justice for loved ones who died from nursing home or ALF Covid19 outbreaks.

    This week, the AARP published a strong opposition to the passing of SB74, as the number of inflections among the state’s thousands of nursing homes continues to climb, and the Covid19 death toll continues to disproportionately affect this vulnerable population. Other senior advocacy groups followed suit, and as personal injury lawyers, we too strongly oppose this unfair legislation, as it removes the citizen’s ability to decide what is and isn’t negligent via jury trial, usurping that constitutional power and instead bestowing it upon legislatures and the for-profit industry they are supposed to regulate.

    Click here to view the Zoom call recording of the press conference.[/vc_column_text][/vc_column][/vc_row]

  • Covid-19 and Florida Nursing Homes: Where Are We At Now?

    Covid-19 and Florida Nursing Homes: Where Are We At Now?

    As vaccinations continue to roll out across the country, Covid-19 continues to infect new patients every week, and so far more than 486,000 Americans have died of the infection. Nearly 26,000 of those were Florida residents, and more than 107,000 were nursing home residents nationwide. Sadly, the infection spread easily in many unprepared nursing homes, claiming the lives of residents who were at high risk due to age, illness, or disability.

    Unfortunately, travel and visiting around the holidays likely increased these numbers. In the three-week period around Thanksgiving, 4.7 out of every 1,000 nursing home residents died in the state, an increase from 2.3 out of 1,000 in the four weeks before Nov. 15.  By December 23, 7,900 residents and staff at elder-care facilities had died of COVID-19 in Florida.

    Why is Covid-19 so prevalent in Florida nursing homes?

    Because testing is optional under state laws, many senior care facilities don’t require it for visitors. This can leave residents at risk. There are many other situations that may contribute to the spread of Covid-19 in these facilities, such as a lack of PPE and other safety measures for staff and patients, a lack of test kits, or a failure to monitor and isolate patients showing symptoms. Bringing together patients for meals and activities may also increase risk, but some facilities lack the staff or resources to decentralize these practices.

    “The fundamental problem is the continued inability to provide accurate, rapid-result testing of everyone entering elder-care facilities — staff, visitors, family caregivers and vendors,’’ said David Bruns, spokesman for AARP, when he spoke with the Tampa Bay Times in late December.

    Staying informed on the health condition of your loved one

    Although it’s difficult not to visit a family member you haven’t seen in a while, visits are still risky and will continue to be for the next several months, until more of the population is vaccinated. If possible, try to talk with your family by phone instead of making in-person visits. If you do go in-person, be sure to wear a mask, use hand sanitizer, and maintain a 6ft distance from everyone you encounter in the facility.

    You can also call the facility and ask if your loved one’s vaccine has been scheduled, as the state has made elderly people over 70 a priority group for vaccination. If your family member has not been vaccinated and there are no plans to do so soon, ask the facility staff why and when they can expect to receive a vaccine.

    Unfortunately, the vaccine has come too late for many seniors who have already died or become chronically ill from Covid-19. Nursing homes and assisted living facilities have a duty to protect  their residents from harm, including infectious disease. If you believe your loved one may have suffered from nursing home negligence in relation to the pandemic, please contact us for a free consultation.

    Is your loved one in a facility affected by a Covid-19 outbreak? Follow our list here

    The Florida Department of Health maintains a frequently-updated list with stats for positive test results among patients and staff at nursing home facilities. If you have a loved one in such a facility, you may want to keep an eye on this list for a jump in cases. It’s also a good idea to talk on the phone or video chat with loved ones often to keep up with how things are going at the facility. Make note if your loved one mentions that nurses and staff have been scarce lately, or several of their friends have been taken to the infirmary.

    Covid-19 Data and Florida Nursing Homes – As of February 16th, 2021

    • 24 facilities in Palm Beach County have had at least one case of Covid-19 among it’s patients
    • The worst outbreak was at Encore at Boca Raton, a nursing home, with 29 positive residents.
    • The second worst outbreak was at Avante at Boca Raton with 17 cases and 31 residents transferred. We have written extensively on the poor conditions for residents at Avante, based solely on violation data provided by the state.
    • The highest instance of Covid-19 infected occurred at Life Care Center of Port St. Lucie with 48 staff testing positive on 2/14/2021.
    • Menorah House has the highest number of positive residents transferred.

    [table id=1 /]

    Data provided by the State of Florida.

  • Proposed Covid Lawsuit Immunity Law in Florida Is a Bad Idea

    Proposed Covid Lawsuit Immunity Law in Florida Is a Bad Idea

    Since the pandemic began, Florida has seen more than 1.6 million cases of Covid, more than 26,000 of them resulting in fatalities (at the time of this writing). Unfortunately, the state’s lawmakers, along with Governor DeSantis, are again considering legislation to limit lawsuits against businesses that may have put employees and/or customers at risk. This is a bad idea for Floridians.

    Background: Lawsuits Put A Check on Businesses That Cut Corners to Turn A Profit

    Under current laws, businesses are required to maintain a reasonably safe environment for workers and visitors (the public). The Occupational Safety and Health Administration requires that employers maintain a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm” to employees (similar laws apply to guests in businesses open to the public). If the business fails to do so, this can result in liability for the company.

    For example, let’s say a grocery store manager knows their roof leaks but makes no effort to repair the leak, clean up the puddle, or even put up a CAUTION WET FLOOR sign. Then if a customer slips and falls, the store could be liable. And why shouldn’t they be? The customer may now have months of painful rehabilitation ahead of them due to a preventable injury, and piles of medical bills to pay. If the store was negligent, they should be required to provide the customer with compensation.

    The same is true of Covid-19. Businesses that are currently open should be following CDC guidelines for preventing the spread of the pandemic, including asking guests and employees to wear masks, frequent disinfection protocols, and providing PPE to workers. Sadly, by September of 2020, more than 7,000 healthcare workers had died of Covid according to Forbes; the numbers are likely much higher now. Unfortunately, some healthcare facilities have failed to provide appropriate PPE for workers, which in some cases may have resulted in more infections (for both employees and patients).

    Workers in essential businesses like grocery stores may also have had inadequate protection, especially if store management failed to enforce or even have a mask policy for guests. Many people have had this sort of experience: You go in a store to get your groceries, and notice many of the other customers are not wearing masks. You ask to speak with the manager, who shrugs and says, “What are we going to do, put the mask on for them?” Did you feel safe shopping there? Probably not.

    You may have considered going elsewhere, but not everyone has the time, money, or access to transportation to visit a second store. Maybe you just got your groceries as fast as you could and hoped for the best. Sadly, these situations are not uncommon, and can lead to an increased risk of contracting Covid-19.

    Are Covid-19 Lawsuits “Frivolous”? Lawmakers Say So

    Proponents of “business immunity” from Covid lawsuits claim that companies need to be protected from “frivolous” lawsuits. However, a recent report estimated there were only about 1,000-1,500 federal or state workplace lawsuits related to the pandemic nationally in 2020, more than half involving firings or layoffs as businesses reduced staff. Only about 200 were related to workplace safety, although it’s likely that far more than 200 people were exposed to the virus at work.

    Unfortunately, Governor DeSantis and some other state lawmakers are intent on passing legislation that would reduce legal liability for businesses if a patron contracts Covid-19. This leaves vulnerable people impacted by a business’ negligence with little or no legal recourse. “Covid-19 immunity,” as it is sometimes called, would encourage unsafe business practices among business owners, like skimping on disinfectant products or PPE.

    The ability to file a lawsuit against a negligent business is the public’s only guaranteed constitutional remedy for justice after being harmed.

    Who Will Protect Vulnerable Populations, Like Nursing Home Residents?

    The biggest question Floridans should be concerned about regarding this Covid-19 lawsuit immunity legislation proposal is: What about vulnerable populations, like nursing homes and long-term care facility residents?

    If a nursing home fails to protect their patients and a resident contracts Covid-19 and dies as a result – why shouldn’t the management and the owners of the nursing home be held accountable? Should immunity extend so far as to indemnify any behavior the management and staff at a nursing home do or don’t do to protect their residents? What incentive exists for the operators to do the right thing, especially in an industry in which doing the wrong this is so prevalent because it’s more profitable?

    These are tough questions Florida’s lawmakers and Governor DeSantis should be asking themselves before they jam through a Covid-19 lawsuit immunity bills that protects and allows bad players to act on perverse incentives, putting livelihoods and public health at risk for their corporate profits.

  • COVID19 Cases Involving Florida’s Nursing Homes

    [vc_row][vc_column][vc_column_text]We are outraged over the recent news that as many as 50% of COVID19-related deaths in Florida have occurred among Florida’s elderly populated at the hands of nursing home and assisted living facilities. Inactions and poor-decision making by management of these massive for-profit entities that run Florida’s nursing care industry are directly responsible for these deaths, and these bad actors must be held accountable for their indiscretions and total lack of even basic precautions to prevent the spread of the novel and deadly virus within their facilities. As a result of their negligence, we are opening our COVID19 Nursing Home Abuse practice. If you or someone you know has been diagnosed or passed away due to COVID19 infection contracted while working in or living within a nursing home or assisted living facility, please contact us right away.[/vc_column_text][/vc_column][/vc_row]

  • Stimulus Payment Information

    [vc_row][vc_column][vc_column_text]We recognize that many of our clients are out of work at this time. Thankfully, Congress approved a stimulus package that will ensure every American receives a stimulus payment to help offset financial burdens. TurboTax offers a calculator to estimate how much you might receive, and here’s some tips from the IRS to avoid stimulus check scams that are running rampant. We want you to be protected![/vc_column_text][/vc_column][/vc_row]

  • LOCG To Remain Open as “Essential Service”

    [vc_row][vc_column][vc_column_text]On Thursday 3/26/2020, the Governor declared that all non-essential businesses be physically closed, with exceptions outlined for what the state considers to be “essential services”. Along with grocers, hospitals, and gas stations, law firms are also considered to be among these essential services. Therefore, our law firm offices will remain physically open, with about 80% of our staff now working from home, – but they are able to come in if they need to.[/vc_column_text][/vc_column][/vc_row]

  • LOCG staff will be working remotely beginning on 3/23/2020

    [vc_row][vc_column][vc_column_text]The LOCG staff will begin working remotely from home starting on Monday, March 23rd 2020 for at least 14 days, and possibly until further notice. For our clients, that means that the best way to get a hold of your case manager/paralegal is by email. If you have a general question or concern, using our chat messenger on our website is a great tool for that.[/vc_column_text][/vc_column][/vc_row]