Families who lost loved ones to covid at Cork nursing home launch landmark wrongful death actions

Court hears of settlement of one of the first cases to come before the courts in relation to a death in a nursing home during the covid pandemic

James Lee: The settlement of the case relating to the death of the 81‑year‑old former Irish Distillers worker during the third covid wave in February 2021 at Ballynoe Nursing Home, was announced at the High Court this week.

Five families who lost loved ones to covid at a Cork nursing home have launched landmark wrongful death actions in the High Court.

The settlement of one of those cases was announced at the High Court this week. It related to the death of 81-year-old former Irish Distillers worker James Lee in the third covid wave in February 2021 at Ballynoe Nursing Home.

It is understood this is one of the first cases to come before the courts in relation to a death in a nursing home during the covid pandemic.

Counsel for Mr Lee’s family, Ray Motherway, instructed by PA Duffy and Co solicitors, told the High Court the settlement against Carechoice Ballynoe Ltd, which runs the Carechoice Nursing Home at Ballynoe, Co Cork, is without an admission of liability.

The details of the settlement are confidential.

It has previously been reported that 24 residents of the five-bed Ballynoe nursing home facility died during the covid-19 pandemic. Not all who passed away died from covid.

Mr Justice Paul Coffey, in the High Court this week, noted the settlement of the action in relation to the death of Mr Lee with an order for costs against Carechoice Ballynoe Ltd. 

The case against the HSE, which was also sued, was struck out with no order for costs.

The other actions are expected to come before the High Court in the next few weeks.

Ballynoe Nursing Home. Picture: Carechoice.ie

Mr Lee’s niece, Arlene Walsh of Carrignavar, Co Cork, had sued Carechoice Ballynoe Ltd with offices at Blanchardstown, Dublin, which runs the Ballynoe nursing home and the HSE over her uncle’s death.

The 81-year-old had been a resident at the nursing home from October 2014. 

It was claimed that covid-19 was first detected in the facility on December 30, 2020, and two staff members and an unknown number of residents tested positive on January 13, 2021.

Three days later, Mr Lee tested negative for covid but in another test on Janaury 31, 2021, he tested positive.

Two days later, he required oxygen to breathe and it is claimed he was deteriorating rapidly. 

Mr Lee died alone on February 3, 2021.

Against the nursing home it was claimed that Mr Lee had been unnecessarily exposed to the risk of contracting covid.

It was further alleged there was a failure to learn from earlier outbreaks of Covid 19 in other nursing homes and to take any or any adequate measures to be prepared for the January 2021 covid outbreak at Carechoice Ballynoe.

It was also alleged there was a failure to implement adequate time restrictions in respect of exposing service users to member of the public and a failure to develop an isolation contingency plan for positive cases in a timely manner.

It was further alleged there was a failure to prioritise patient safety over capacity and associated profit and a failure to foresee the need for extra oxygen cylinders.

It was further claimed that covid-positive and covid-negative service users had been left residing in the same room for several days and there was an alleged failure to obtain adequate amounts of masks.

There was also, it was alleged, a failure to prevent those service users with dementia and at risk of wandering and who were covid positive from leaving isolation and mixing with those who were covid negative.

It was further alleged there was a failure to inform and respond adequately to families or next of kin regarding outbreak status and residents’’ condition.

In the proceedings a failure was also alleged to notify Hiqa and other bodies of deaths and other notable events within prescribed timeframes.