When the coronavirus outbreak was solely manifesting itself in horrifying headlines from Italy and China, Nils Lofgren, the guitarist for Bruce Spr
When the coronavirus outbreak was solely manifesting itself in horrifying headlines from Italy and China, Nils Lofgren, the guitarist for Bruce Springsteen’s E Avenue Band, and his spouse, Amy, moved her mom into Brookdale Senior Residing, a well-regarded long run care facility in Florham Park, N.J.
Virtually instantly, Patricia J. Landers, Mrs. Lofgren’s mom, started complaining about lacking drugs and lapses in supervision. The household started to note a sample of neglect, significantly in treating her dementia. Then, in early April, Mrs. Landers, 83, was found by native law enforcement officials strolling aimlessly on a frigid night time, three miles away from Brookdale, shivering, bruised and confused. It was her fourth escape from the power since she arrived in January.
Per week later, Mrs. Landers was admitted to a hospital in Montclair, the place she examined constructive for Covid-19.
Incensed and feeling betrayed, the Lofgrens started to discover authorized choices once they ran right into a troubling pattern: Lobbyists from nursing houses throughout the nation have been pushing for immunity safety from lawsuits throughout the coronavirus disaster.
“It’s a pledge they made, a sacred pledge, to care for your father, your mom, your grandparents, and so they put it in writing, by the way in which, and now they don’t wish to have any tasks as a result of, why, it’s too arduous?” Mr. Lofgren mentioned. The household accelerated their efforts and filed a lawsuit in opposition to Brookdale on Wednesday.
“We’re simply horrified that folks’s first response is, ‘Effectively we’re making some huge cash, however now let’s be sure that we’re not responsible for what we promised to do, in writing,’” Mr. Lofgren mentioned. “Don’t neglect, they appear you within the eye and say the one you love shall be cared for.”
In a press release, a spokeswoman for Brookdale declined to debate Mrs. Landers’s case particularly.
“As a matter of firm coverage, Brookdale doesn’t touch upon or get forward of ongoing authorized proceedings,” mentioned Heather Hunter, a public relations supervisor for the corporate. “I’ll say that we work arduous to take care of an open and constructive dialogue with households about their beloved one and one of the best ways that we are able to work collectively to assist every resident dwell their greatest life of their neighborhood.”
Brookdale in Florham Park has, as of Wednesday, solely 10 reported instances of coronavirus on the facility, in accordance to the New Jersey Department of Health. No one at the facility has died from the virus. After her original diagnosis, Ms. Landers is now recovering from Covid-19.
In April, New Jersey’s governor, Philip D. Murphy, signed a law that “provides civil and criminal immunity to certain health care professionals and health care facilities during public health emergency and state of emergency.” The intent of the law was to protect health care workers coming out of retirement or shipping in from other states from lawsuits as they dealt with the unknowns of the virus. The governor’s office said that the law would indeed cover nursing homes.
Even in the face of the New Jersey law, Mr. Lofgren and his family were determined to take action, knowing that his status in New Jersey as a guitarist for the state’s pre-eminent hero would call attention to the issue.
“We think that this is going to be just the tip of the iceberg, and the care provided to the senior citizens and parents and grandparents over the past weeks has been nothing short, in the majority of cases, of grossly negligent,” said Andrew Miltenberg, the lawyer for the Lofgrens. “And the industry as a whole, its response has been to push for immunity.”
The lawsuit describes the ordeal as “every child’s worst nightmare” and follows a familiar path of confusing information and radio silence as nursing homes were quickly overrun by the virus. The family accuses the facility of negligence, fraud, deceptive trade practices and a violation of a New Jersey state law that protects the rights of nursing home residents.
Though New Jersey recently signed the law protecting health care facilities, Mr. Miltenberg is confident they still have a case.
For Mr. Lofgren, the battle extends beyond his family.
“This is not to take the light off what has been a very demoralizing, tragic story for my mother-in-law that’s still being written,” Mr. Lofgren said. “Shining a light on this problem is important.”
Mr. Lofgren, who is also a member of Neil Young’s band Crazy Horse, said he knew he was fortunate to even be in a position to have a lawyer who can help them bring a case in New Jersey, especially when the law surrounding the coronavirus outbreak is challenging and confusing.
“It’s a nightmare because 99 percent of most people can’t even afford a lawyer,” he said. “And they just take it, and their families are decimated by it.”
After she left the hospital, Ms. Landers moved to a different facility, Care One, in Livingston, N.J. But the family remains shaken.
“It’s unconscionable and immoral and disgusting,” Mr. Logren said. “It’s like their true colors are coming out, and I hope we can hold them accountable.”