More than 100 veterans died at a housing facility in New York City after a devastating covid outbreak which was not contained by bosses, according to a lawsuit from families who claim they weren't even told their loved ones had caught the virus.
The New York State Veterans' Home at St Albans (NYS-VH), Queens, suffered 'one of the worst' virus outbreaks in the entire state during the height of the pandemic.
A civil case filed on November 4 and reviewed by DailyMail.com alleges 'at least 350' veterans and staff who lived at the facility were infected. Critically-ill veterans, many of whom were elderly and had other illnesses, were not given proper treatment or taken to hospital despite their condition, it is claimed.
The suit says the veterans' home, owned by the New York State Department of Health, failed the 'vulnerable heroes' which lived there.
It adds: 'Because of the defendant's deliberate indifference, palpable through their shocking actions and glaring omissions, the NYS-VH became an infection hotspot for its veterans/residents who were unnecessarily exposed to, and infected with, [covid], and ultimately became a death sentence for 100 of our nation's veterans.'
The New York State Veterans' Home at St Albans (NYS-VH), Queens, suffered 'one of the worst' virus outbreaks in the entire state during the height of the pandemic, the lawsuit states
Veteran James Hutcherson, 93, died at New York State Veterans' Home at St Albans on April 8, 2020
Relatives of some veterans who contracted the virus were not told their loved ones were ill and only learned about the infection after they passed away, it is claimed.
NYS-VH home has 250 beds for veterans and has been open since 1993.
The class action suit names two veteran residents of the home who died because of 'complications from covid'. The suit is brought by their families on behalf of other residents of the home who also caught covid and 'experienced conscious pain, suffering, injury, and death'.
Robert A. Loria died on April 14, 2020 after he caught covid at the home and 'passed away because of complications' from the virus. His sister, Louise Loria Hanel, is the executor of Mr Loria's will and is named as a plaintiff in the suit.
The class action suit names two veteran residents of the home who died because of 'complications from covid', including James Hutcherson, who was 93
The suit states: 'Robert A. Loria's family was never informed that he was ill or that he even tested positive for COVID-19. Plaintiff, Louise Loria Hanel, only received a phone call to inform her he had passed away.'
The second named plaintiff is Yvonne Maria Parson, who is the daughter of veteran James Hutcherson, 93, who died at the home on April 8, 2020.
'In the days leading up to his death, Mr. Hutcherson was noted to be refusing meals and fluids. However, his medical chart is devoid of documentation to support that the the physician was advised of his increased risk for dehydration,' the lawsuit alleges.
'While at NYS-VH, James Hutcherson was exposed to, and infected with, COVID-19. He was never transferred to a hospital. On April 8, 2020, James Hutcherson passed away at NYS-VH because of complications from COVID-19.'
Yvonne had regularly visited her father, who suffered with Parkinson's disease and dementia, and also paid his medical bills.
The suit has been filed after the home was previously criticized during the pandemic over several claims of poor management.
The home was accused of giving veterans 'experimental' covid treatments at the height of the pandemic. One of the drugs included hydroxychloroquine, an antimalarial which was used by former President Donald Trump when he caught the virus.
The suit also references another scandal in which nearly 1,000 boxes of personal protective equipment, including masks, gowns and gloves, were left to rot outside the facility in June 2021, triggering an influx of rats and snakes.
Attorney Joseph Ciaccio, who filed the suit, wrote in the complaint: 'This class action is brought because Defendant NYS-VH patently and grossly failed to be steward of the well-being of our nation's and state's veterans, by failing to timely act to protect their veterans/residents from exposure to a deadly COVID-19 outbreak in their facility.'
He alleged that the home's 'actions and inactions, including their delayed response to properly monitor staff, students, companions, aides, and visitors to their facility, precipitated one of the worst COVID-19 outbreaks in all the State of New York'.
'It is utterly shameful how the Defendants, who owed a duty of care to our state's and nation's veterans, dragged their feet and left our vulnerable heroes at the mercy of the deadly virus,' the lawsuit said.
The New York State Department of Health said it does not comment on 'pending litigation'.
The distraught families of nursing home residents who were fatally infected with COVID-19 have also brought an explosive lawsuit blaming disgraced former New York Governor Andrew Cuomo (pictured) for 'thousands' of deaths, DailyMail.com reported in August
Cuomo's former 'mean girl' aide Melissa DeRosa (pictured), former Commissioner of the New York Department of Health Howard Zucker, and ex-Executive Deputy Commissioner for the Department, Sally Dreslin, are named as defendants in the case against the former mayor
The case is the latest in relation to the spread of covid in New York care homes. In August, DailyMail.com revealed that other families of residents who were fatally exposed to the virus had brought a lawsuit blaming disgraced former New York Governor Andrew Cuomo for 'thousands' of deaths.
In their fiery legal attack, the group of eight is accusing Cuomo of causing the 'wrongful and untimely deaths' of their loved ones along with more than 15,000 nursing home patients through his 'deadly' March 25th Directive.
Under this 'shocking' policy, nursing homes were forced to take coronavirus patients despite knowing thousands of vulnerable residents would be exposed to the deadly virus in 2020.
The plaintiffs - the widows and children of eight residents who died while the policy was in place - are suing Cuomo along with several other high-ranking officials in his administration.
Cuomo's former 'mean girl' aide Melissa DeRosa, former Commissioner of the New York Department of Health Howard Zucker, and ex-Executive Deputy Commissioner for the Department, Sally Dreslin, are named as defendants in the case.
A spokesman for Cuomo said of the suit: 't’s unfortunate that people’s pain continues to be politicized and weaponized in order to distort the truth - which is that the Department of Justice, twice, the AG, the Manhattan DA and the Assembly all critically examined this and found nothing there. This suit is meritless and we expect any fair hearing in a court of law will also bear this out.'