BOSTON — Citing “deliberate indifference” on the part of the management at the Holyoke Soldiers Home, a class-action lawsuit seeks damages against five defendants a damning independent report blamed for 76 deaths at the nursing facility as a result of a COVID-19 outbreak.
The lawsuit, officially filed in U.S. District Court on behalf of Joseph Sniadach, an 84-year-old veteran who died as a result of COVID-19 just months after moving into the facility, seeks damages for the suffering veterans went through as a result of coronavirus infections.
The lawsuit was filed on Sniadach’s behalf by his family and appears to be the first lawsuit filed in connection to the devastating outbreak at the Soldiers’ Home.
Bennett Walsh, former superintendent of the home, David Clinton, former medical director, Vanessa Lauziere, former chief nursing officer, Celeste Surreira, former assistant director of nursing, and Francisco Urena, former Massachusetts Secretary of Veterans’ Affairs, are listed as the defendants in the suit.
“Although the Massachusetts veterans residing at the Soldiers’ Home in Holyoke, Massachusetts kept their promise to serve their country, the Commonwealth did not keep its promise to protect and keep them safe from harm when they were unable to care for themselves,” the lawsuit states.
In June, the results of an independent investigation were released to the public in a report that blamed management at the facility for the massive death toll. The report, compiled by a team of independent investigators hired by the governor’s office, indicates a COVID-19 outbreak may have been unavoidable at the facility, but the errors made by a small leadership team led to a “horrific toll” of 76 veteran deaths.
An independent investigation, commissioned by the Governor of the Commonwealth, details the unprofessional, unethical, and deliberately indifferent behavior of the five individuals primarily charged with the care of the veterans at the Soldiers’ Home, the defendants in this lawsuit. The investigation report, “The COVID-19 Outbreak at the Soldiers’ Home in Holyoke: An Independent Investigation Conducted for the Governor of Massachusetts” (“Report”), attached as describes a litany of “utterly baffling” misrepresentations, misjudgments, mistakes, and blatant errors, which by any standard amounted to a callous disregard for the health and safety of the veterans residing in the Soldiers’ Home.
— Joseph Sniadach, et al. v. Francisco Urena, et al.
Massachusetts Attorney General Maura Healey is also investigating to determine if legal action is warranted, she said. And the U.S. attorney’s office in Massachusetts and Department of Justice’s Civil Rights Division are looking into whether the home violated residents’ rights by failing to provide them proper medical care.
Leadership at the home failed to follow state and federal guidelines issued in February and March aimed at containing COVID-19 at assisted living facilities and nursing homes, the plaintiffs' attorneys, Thomas Lesser and Michael Aleo, said.
Walsh's attorney, William Bennett, said in an email to The Associated Press that he is reviewing the complaint and will make a public statement next week.
Bennett, who is Walsh's uncle, previously said that Walsh acted appropriately in handling the virus outbreak at the facility.
It wasn’t immediately clear whether Urena had a lawyer to comment on his behalf.
The Associated Press contributed to this report.
PREVIOUS:
- Report: ‘Hell broke loose’ after series of leadership errors at Holyoke Soldiers’ Home
- Families, veterans & former admin. at Holyoke Soldiers’ Home form coalition, hold ‘stand out’
- 25 Investigates: Mass. Secretary of Veterans’ Affairs resigns ahead of Holyoke report
- 25 Investigates: State’s official COVID-19 death toll at nursing homes may not tell full story inside some facilities
- Family of Holyoke Soldiers’ Home COVID-19 victim forms group for those seeking support, answers
Download the free Boston 25 News app for up-to-the-minute push alerts
>> Complete local and national coronavirus coverage here
RESOURCES:
- Massachusetts Coronavirus Information
- Boston Coronavirus Information
- Follow us on Facebook and Twitter | Watch Boston 25 NOW