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Law360 (April 13, 2020, 10:18 PM EDT) -- A Life Care Centers of America Inc. nursing home caused the death of an 85-year-old patient, one of 37 people linked to the facility who has died of the novel coronavirus, by failing to timely notify health authorities or quarantine patients, according to a suit filed in Washington state court.
Deborah de los Angeles claims that Life Care Center of Kirkland failed to timely report to local health officials an outbreak of respiratory illness that emerged at the facility on Feb. 10, instead waiting 17 days to do so, which caused the March 4 death of her mother, Twilla Morin, according to a complaint lodged Friday in King County Superior Court.
"Although defendants were on high-alert for COVID-19 since January 2020, they lacked a clear plan of action leading to a systemic failure," the complaint states. "Instead of quarantining residents and staff, defendants admitted new residents and threw a Mardi Gras party. Instead of immediately notifying authorities of a 'flu' outbreak, defendants sat on it for 17 days before reporting anything."
De los Angeles said that a Centers for Medicare and Medicaid Services investigation conducted in March revealed that in addition to failing to timely notify authorities, Life Care also failed to provide 24-hour emergency doctor services and provided inadequate care to patients during the outbreak. CMS fined Life Care approximately $611,000 for the violations, according to the complaint.
"Nevertheless, defendants have refused to take responsibility for failing to protect their employees and residents in the midst of a global pandemic," the suit said.
In a statement, a Life Care spokesman said "our hearts go out to this family and the loss they have suffered during this unprecedented viral outbreak."
He added, "We are unable to comment on specific legal cases that are pending, but we wish this and all families peace. The loss of any of our residents at Life Care Center of Kirkland is felt deeply by us."
An attorney for de los Angeles did not immediately respond to a request for comment.
Privately held Life Care is one of the largest nursing home operators in the country. In 2016, the company agreed to pay $145 million to the federal government to resolve a False Claims Act suit in connection with medically unnecessary rehab therapy services.
Friday's suit alleges that despite an ongoing influenza outbreak in February, the nursing home admitted new patients and held events, including a "Mardi Gras party where residents sat wheelchair to wheelchair."
And even though Life Care suspected they had a COVID-19 case as early as Feb. 19, they didn't place the facility under quarantine until March 1, according to the complaint.
The suit brings claims of negligence, fraudulent concealment and violation of Washington's Abuse of Vulnerable Adults Act.
De los Angeles is represented by Stephen B. Mickelsen of Mickelsen Dalton LLC.
Counsel information for Life Care was not immediately available.
The case is Deborah de los Angeles v. Life Care Centers of America Inc. d/b/a Life Care Center of Kirkland et al., case number 20-2-07689-9, in the Superior Court of the State of Washington, King County.
--Editing by Daniel King.
For a reprint of this article, please contact reprints@law360.com.
