New Jersey Nursing Homes Were Unprepared for Covid, and They Aren’t Ready for the Next Public Health Emergency, Says Report

A state Department of Health directive about readmitting Covid-19 patients to New Jersey nursing homes from hospitals confounded operators, says a new independent report, and that confusion might have allowed for the spread of Covid-19 among New Jersey’s most vulnerable residents.

A recently released independent report on New Jersey’s Covid-19 response says the state was unprepared for the Covid-19 pandemic that ravaged New Jersey nursing homes, and it remains at risk for the next public health threat, according to a NJ Spotlight News article. While Governor Phil Murphy reviews its 33 recommendations to address the state’s shortcomings, the report brings to light why New Jersey nursing homes were unable to prevent the death of over 16,250 people in nursing homes through March 2022.

According to the article, New Jersey’s Covid-19 response in nursing homes was characterized by inconsistencies and confusion, primarily regarding the interpretation of state Department of Health directives. One such order, given on March 31, 2020, was that nursing homes should accept from hospitals discharged nursing home residents with Covid, provided they could be safely isolated. A third of the state’s nursing homes reported they did not have the personnel, protective gear, or other resources to admit Covid patients. But by the time the NJDOH revised the policy to prohibit admissions except for facilities capable of meeting strict infection-control guidelines, Covid had already begun its rapid spread in New Jersey’s nursing homes.

The following circumstances hindered New Jersey nursing homes’ ability to respond to a burgeoning, rapidly changing pandemic:

• Staffing Shortages—Low nursing home staffing is frequently tied to negligent care within nursing homes and is generally considered to be nursing home malpractice. Typically nursing home neglect as the result of understaffing can lead to nursing home illnesses, injuries, and even death, which would require the intervention of a wrongful death attorney.
• Lack of Personal Protective Equipment (PPE)— According to the report, with the state’s focus on acute rather than long-term care, the majority of masks, gowns, and other PPE went to hospitals rather than nursing homes, leaving long-term staff and residents vulnerable. Typically when nursing homes fail to do their part to prevent infections and residents become seriously ill or die, nursing home malpractice has occurred and loved ones must look into a nursing home lawyer or wrongful death attorney.
• A History of Deficiencies—Some nursing homes had a history of deficiencies even before Covid. For instance, the New Jersey nursing home Andover Subacute and Rehabilitation Center, where early in the pandemic 17 bodies were found piled in a makeshift morgue, had a 1-star rating for three years in a row prior to the pandemic. An inspection by the Centers for Medicare & Medicaid Services following the makeshift morgue incident revealed the facility’s inability to provide proper infection control, which is a clear incidence of nursing home malpractice.

Advocating for Your Loved One against Nursing Home Abuse, Neglect, and Wrongful Death

Attorney Brian P. Murphy is dedicated to protecting the safety and preserving the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. Your loved one living in a nursing home should not fear that their home’s negligence will result in illness or wrongful death. Attorney Brian Murphy has years of experience fighting negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a seasoned nursing home malpractice and wrongful death attorney, he holds accountable the Philadelphia/PA or NJ nursing homes responsible for elder abuse, neglect, and other types of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

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Covid Continues to Kill Nursing Home Residents, yet the Majority Go without the Latest Shot

After Covid-19 ravaged American nursing homes in the height of the pandemic, getting vaccinations for the vulnerable elderly was a top priority. Now nursing home residents essentially have been left on their own.

Despite the high death toll in nursing homes from Covid-19, fewer than 4 in 10 residents have gotten the most recent Covid shot, says a POLITICO article.  Covid continues to kill nursing home residents, more than 170,000 nursing home residents have died- including nearly 600 residents during the first two weeks of 2024—and the low rate of new shots among residents has left nursing homes and the Biden administration pointing fingers at one another.

Due to factors such as age and underlying conditions, nursing home residents are especially vulnerable to Covid-19. Despite the consensus among experts that elderly people need an annual Covid shot, recent vaccinations among nursing home residents has dropped to 38 percent. Considering the federal rules requiring homes to offer vaccines, the question is whether or not the low vaccination numbers come as a result of negligence amounting to nursing home malpractice.

With the termination of the public health emergency last fall, the government shifted the responsibility for buying and managing the distribution of Covid shots to nursing homes. According to POLITICO, since late December of last year, Secretary of Health and Human Services Xavier Becerra has met twice with nursing home representatives to emphasize facilities’ responsibility to offer the latest shot to residents. Finding that some nursing homes show greater vaccine success than others—both North and South Dakota report over 60 percent nursing home resident vaccination, compared with just 20.1 percent of Arizona nursing home residents—the administration insists it’s possible for all nursing homes to do a better job.

Considering the vulnerability of residents and the deadliness and contagiousness of Covid-19, it is the responsibility of nursing homes to take every measure to safeguard their residents; neglecting to do so is nursing home malpractice. When nursing homes do not do their part in preventing nursing home infections and residents become seriously ill or die, nursing home malpractice has occurred and loved ones must look into a nursing home lawyer or wrongful death attorney.

In response to the administration’s insistence that facilities work harder to improve vaccine rates, nursing homes have countered that the government needs to act to address vaccine hesitancy. While Centers for Disease Control and Prevention Director Mandy Cohen said it was a top priority for the agency to address issues of vaccine access and hesitancy, POLITICO said others in the administration feel that vaccine promotion should come from manufacturers and nursing homes.

Your Advocate against Nursing Home Abuse, Neglect, and Wrongful Death

Attorney Brian P. Murphy is dedicated to protecting the safety and preserving the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. Your loved one living in a nursing home should not fear that their home’s negligence will result in illness or wrongful death. Attorney Brian Murphy has years of experience fighting negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a seasoned nursing home malpractice and wrongful death attorney, he holds accountable the Philadelphia/PA or NJ nursing homes responsible for elder abuse, neglect, and other types of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

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Iowa Nursing Home Cited by State for Resident’s Death from COVID: 

Upon investigating the suspected wrongful death of a male resident of Regency Care Center, state inspectors discovered numerous un-investigated nursing home malpractice complaints against the facility.

An Iowa nursing home has been cited by the state for causing the death of a resident with COVID, says an article on Iowa Capital Dispatch. As per the article, Iowa state inspectors say a male resident of the Regency Care Center in Norwalk, who was suffering from COVID-19, was not properly assessed by staff and later died from respiratory failure as a result of that negligence.

According to state inspectors’ reports, the man, who had just tested positive for COVID-19, was experiencing shortness of breath on Dec. 4 of 2022. Despite a worker’s report to a nurse that the man’s lungs rattled loudly and he “looked like death,” the nurse responded that the symptoms were typical of the illness and took no further action. The next day the resident was taken by ambulance to the emergency room, where he died hours later of a combination of chronic respiratory failure and viral sepsis resulting from COVID-19.

Inspectors reported that negligence on the part of Regency Care’s nursing staff amounted to nursing home malpractice to the extent of causing the wrongful death of the resident; furthermore, this circumstance of negligence and nursing home malpractice placed the other residents of the facility in immediate jeopardy. While performing their investigation of the resident’s death, state inspectors discovered several pending complaints against Regency Care, the large majority of them substantiated.

As was the case at Regency Care, nursing home wrongful deaths often occur when a nursing home fails to monitor the health or the safety of its residents. When a resident dies as the result of abuse, neglect, or other nursing home malpractice, family members ought to secure an experienced wrongful death attorney who can help file a wrongful death lawsuit.

Holding Nursing Homes Responsible for Negligence and Wrongful Death

Attorney Brian P. Murphy is an experienced nursing home malpractice and wrongful death lawyer dedicated to protecting the health, security, and well-being of Philadelphia/PA and NJ nursing home residents. Your loved one living in a Philadelphia/PA or NJ nursing home should trust that he or she can live without fear of being abused or neglected or subjected to any kind of nursing home malpractice; Brian Murphy takes an aggressive stance toward Pennsylvania, Philadelphia, or New Jersey nursing homes for acts of negligence or abuse, especially any incidents of nursing home malpractice that result in wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

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Nursing Home Malpractice Continues to Violate Veterans’ Rights in New Jersey State-Run Veteran Homes

The poor care and incidence of nursing home malpractice that allowed two New Jersey veterans homes to fall victim to widespread COVID-19 outbreaks early in the pandemic have not been remedied, say federal investigators.

A recent Department of Justice investigation has revealed that hygiene and infection control violations continue to persist in two New Jersey veterans nursing homes where COVID-19 was permitted to run rampant early in 2020, says a CNN article. The Paramus and Menlo Park Veterans Memorial Homes logged the highest and fourth-highest number of nursing home resident deaths from COVID-19 in the state by October of 2020, prompting a federal investigation. Inspectors in 2020 found evidence of nursing home malpractice that was determined to have directly promoted the deadly spread of the coronavirus in the homes. According to the CNN article, the newly-released DOJ report finds that these deficiencies are ongoing.

The 2020 DOJ investigation found that Paramus and Menlo Park staff failed in such basic COVID-19 protocols as proper hand washing, disinfection of common areas and bedrooms, and the isolation of residents sick with Covid. Menlo Park was in particular reported to have filthy nursing stations and insect infestations.

The new investigation says that the homes continue to violate veteran residents’ right to reasonable care and safety (as guaranteed by the 14th Amendment) through the following ongoing instances of nursing home malpractice:

• Neglecting to properly train staff: Nursing home residents have the right to expect proper care from staff; untrained workers constitute nursing home malpractice.
• Failure to comply with basic COVID-19 infection control protocols (e.g. testing, contact tracing, isolation of infected residents): Not following protocols to prevent or contain the spread of infections puts highly vulnerable residents at risk of becoming deathly ill, a clear example of nursing home malpractice.
• Failure to implement wound prevention procedures: Protocols exist to prevent the development of wounds like pressure ulcers. Not following proper prevention procedures puts residents at risk for developing pressure wounds, which is a common incidence of nursing home malpractice.
• Neglecting proper wound care: Wounds like bedsores, if left to deteriorate, can lead to serious infections, sepsis, and even death, likely requiring the services of a wrongful death attorney.
• Failure to implementing policies to prevent or respond to nursing home falls: Nursing home falls are frequently preventable, and not employing policies to prevent falls equals nursing home malpractice; furthermore, falls are a leading cause of nursing home deaths, which may require the involvement of a wrongful death attorney.

New Jersey Governor Phil Murphy called the report is “a deeply disturbing reminder that the treatment received by our heroic veterans is unacceptable and, quite frankly, appalling.”

Holding Homes Responsible for Nursing Home Malpractice

Brian P. Murphy, an experienced nursing home malpractice and wrongful death attorney, has dedicated his personal injury practice to protecting Philadelphia/PA and NJ nursing home residents from neglect and elder abuse. Vulnerable elderly residents of Philadelphia/PA or NJ nursing homes should not have to live in fear of being subjected to abuse or neglect or any type of nursing home malpractice. Brian Murphy takes on Pennsylvania, Philadelphia, and New Jersey nursing homes for egregious acts of elder abuse, especially any incidence of nursing home malpractice that causes wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

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Head of Troubled N.J. Veterans Home Dismissed:

The CEO of a New Jersey veterans home that has had persistent troubles since the onslaught of the pandemic has been dismissed, says an article on northjersey.com. CEO Jennifer Causer is out of her job at Memorial Home at Menlo Park, following the emergence of evidence of nursing home malpractice in the form of serious health and safety violations that allegedly endangered residents’ lives. Causer’s replacement comes as part of Gov. Phil Murphy’s efforts to privatize management at this and two other troubled state-run veterans homes: Paramus Veterans Memorial Home and New Jersey Veterans Memorial Home at Vineland.

Following a recent months-long COVID outbreak that led to over a dozen deaths at Menlo Park as well as an inspection report that revealed unsafe infection control practices and other instances of nursing home malpractice at the home, the governor took the step to outsource the management of the home to a private company. Once the federal government put a stop to any new admissions to the facility until reforms addressing nursing home malpractice have been made,The Murphy administration also sent a team of “mission-critical” long-term care professionals to remediate safety violations and issues of nursing home malpractice at Menlo Park.

In the spring of 2020, Menlo Park, along with Paramus, made the news when over 200 residents from the homes died early in the pandemic. Infection control issues amounting to serious nursing home malpractice were revealed; despite the call for reforms and the replacement of the CEOs—Causer was the replacement in 2021 for former CEO Elizabeth Schiff-Heedles—the inspection conducted in August and September of 2022 revealed that proper infection control practices had never been implemented. The subsequent months-long COVID outbreak resulted in 225 staff COVID infections, 76 resident infections, and 17 resident deaths. Causer, head of troubled N.J. veterans home dismissed as the many violations and COVID-related malpractice has persisted.

Protecting Your Loved One from Neglect, Abuse, and Wrongful Death

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. You should feel confident that your loved one living in a Philadelphia/PA or NJ nursing home will not have to be confronted with nursing home abuse and neglect.  With extensive experience as a wrongful death attorney fighting negligent nursing homes in Pennsylvania and New Jersey, Brian Murphy is committed to successfully resolving his clients’ nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Nursing Home Residents Yet to Receive Vaccine Boosters

According to a recent Philadelphia Inquirer article, tens of thousands of Pennsylvania nursing home residents are behind on their COVID-19 booster shots. While the latest bivalent booster shot was developed to better protect against the most recent and prevalent COVID strains, and while elderly nursing home residents rank among the most vulnerable to developing serious, and even deadly, symptoms with COVID, Pennsylvania nursing home resident vaccination rates rank lower than 25 other states and territories in the nation.

According to the article, federal data shows the following for Pennsylvania’s nursing home residents with respect to COVD protections:

• Percentage of Pennsylvania nursing homes where the majority of residents have not received the latest booster shot: 40
• Percentage of Pennsylvania nursing homes in which 75 percent of residents are fully current with vaccines: 30
• Number of Philadelphia nursing homes in which 75 percent of residents are fully current with vaccines: 25

According to a CNBC article, the national percentage of nursing home residents who have received an omicron booster is not much higher: fewer than 50 percent. While 86 percent of nursing home residents are fully current with primary COVID vaccines, just 47  percent of them have received all of their recommended boosters. Dr. Ashish Jha, White House Covid taskforce leader, says the majority of current COVID deaths include elderly persons who are not up to date on their vaccinations and don’t receive treatments like Paxlovid in circumstances of breakthrough infections.

Data from the Centers for Disease Control and Prevention shows COVID cases as rising by 65 percent in nursing homes from mid-November to early December, and then dropping by 11 percent the next week. Nursing home COVID deaths rose 25 percent nationwide. According to the Inquirer article, 200 to 300 nursing home residents nationwide have died from COVID each week since the end of October.

The Centers for Medicaid and Medicare Services report that, since the start of the pandemic, over 161,000 nursing home residents have succumbed to COVID. Nearly three-quarters of the nation’s COVID deaths have been among seniors aged 65 or older. With thousands of nursing home residents yet to receive vaccine boosters and an impending winter COVID wave, residents should prioritize getting booster shots to avoid another high wave of nursing home deaths.

During the height of the coronavirus pandemic, various issues amounting to nursing home malpractice—some that have plagued the industry since long before COVID—prevented nursing homes from protecting fragile nursing home residents, including the following problems:

• Staffing Shortages: Poor staff-to-resident ratios are illustrative of nursing home malpractice as staffing directly impacts a home’s ability to manage the spread of infection and disease. Nursing home staffing was low long before the pandemic, plummeted further during the pandemic, and continues to be a problem in the industry today.
• Poor Infection Prevention, Response, and Mitigation: From a lack of adequate PPE and COVID tests, to not properly isolating infected individuals, to poor pandemic hygiene and disinfection practices and contract tracing failures, nursing home infection practices during the pandemic reflected repeated instances of nursing home malpractice.
• Poor Regulation: In 2020 the federal government cut facility inspections, reduced health violation fines, and replaced certified aides with lower-trained temporary nursing assistants.
• Private-Equity Ownership: For-profit companies run 70 percent of American nursing homes, and are known to engage in acts of nursing home malpractice that have resulted in poor quality care. A New Jersey study of COVID-19 in private equity-owned nursing homes found that COVID nursing home infection rates were 30 percent higher, and COVID deaths 40 percent higher, than the state average. And the White House recently declared that residents of private equity-owned nursing facilities have a greater likelihood of experiencing nursing home malpractice and wrongful death.

Even properly implemented protective measures were insufficient to fully protect vulnerable elderly residents living in close proximity to one another during the worst months of the pandemic, says the Inquirer. Only the introduction of the vaccine in late 2020 caused death rates among nursing home residents to begin dropping. And considering the quickly waning immunity of elderly residents, boosters should be prioritized for them to prevent the risk of serious illness.

Defending Against Nursing Home Malpractice and Wrongful Death

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy tirelessly fights to protect the health and safety of residents living in Pennsylvania or New Jersey nursing homes. Years of experience as a wrongful death attorney fighting negligent Philadelphia/PA and NJ nursing homes has led Brian Murphy to successfully resolve numerous nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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For-Profit Nursing Home Neglect Amid Pandemic: Severe understaffing within for-profit nursing home chains led to poor care, nursing home neglect, and a negative impact on the health of residents. About 70% of nursing homes in the US are run by for-profit operators.

According to a report by the House of Representatives’ Select Subcommittee on the Coronavirus Crisis, deplorable conditions amounting to nursing home malpractice persisted inside for‑profit nursing home chains early on in the pandemic. The Select Subcommittee also released documents illuminating how opaque corporate structures used by these nursing home chains possibly helped these companies to cut corners, shirk responsibility, and obscure profits.

Using documents obtained during its investigation of five for-profit chains that had significant Covid outbreaks across 850 homes housing around 80,000 residents, the Select Subcommittee revealed the following four key findings, which are examples of nursing home malpractice:

• As a result of severe shortage of nurses and certified nursing assistants (CNAs) early on in the pandemic, many nursing home residents were subjected to deficient care and nursing home neglect, which negatively impacted their health.
  • Some nursing homes reported staff ratios ranging between 35 and 39 residents to one nurse.
  • Specific examples of the effects of this understaffing included a resident in Nevada who had to wait two days for a shower after vomiting on herself, and an elderly patient who developed a pelvic infection after continued delays in receiving bathroom insistence.

Nursing home understaffing is often tied to negligent care within nursing homes and is considered to be nursing home malpractice.

This for-profit nursing home neglect amid pandemic as the result of understaffing can lead to nursing home illnesses, injuries, and even death, which would require the intervention of a wrongful death attorney.

• Workers in for-profit nursing home chains were not provided with sufficient personal protective equipment (PPE).
  • As a result of not receiving adequate PPE, numerous nursing home employees were forced to share PPE or craft their own protective equipment out of makeshift supplies.
  • In one Texas facility, residents were denied masks and instead given ill-fitting and ineffective “handkerchiefs.”

The lack of necessary PPE during the coronavirus pandemic placed at risk the health of both staff and residents and amounts to nursing home malpractice. The gross negligence of not protecting elderly residents in fragile health from contracting Covid potentially subjected them to severe illness and even wrongful death, requiring the involvement of a nursing home malpractice attorney.

• Irrespective of having Covid symptoms or even of testing positive, many nursing home workers were pressured to continue working, putting other staff and residents at risk.
  • Examples of sick staff forced to work included a Midwestern nursing home cook instructed to wear a wet rag rather than go home due to a 101 degree fever, and a Virginia employee told to take Tylenol and return to work with a fever.
  • Management at many facilities threatened termination or other punishment for employees who called in sick.
  • Many facilities did not require employees who tested positive to quarantine as per the then-existing CDC guidance; many others refused to give paid sick days to employees who did quarantine.

Forcing employees to work while positive with Covid endangers the health of nursing home residents and amounts to nursing home malpractice. The Centers for Medicare and Medicaid Services say that, as of early September, nearly 160,000 nursing-home residents have died of Covid-19. Residents exposed to Covid in this way may wrongfully die from the illness, necessitating the involvement of a wrongful death attorney.

• The obscure corporate structures employed by for-profit nursing homes may have enabled them to avoid legal and regulatory accountability and to obscure profits.
  • Ultimate parent ownership of nursing home facilities are obscured by the presence of one or more operating companies. For example, one Genesis Healthcare, Inc., facility had two corporate entities as owners, but eleven intermediate entities separating the facility from the parent companies. According to the Select Subcommittee, four other companies utilize similar corporate structures to Genesis.
  • Such convoluted structuring shields parent companies from regulatory penalties that tend to be presented at the facility level, and also protects parent companies from the scrutiny of the public. This structuring also can obscure the true financial state of nursing home facilities.

According to the report, for-profit facilities provide a lower quality of care and their residents suffer poorer health outcomes. For-profit homes—in particular, private equity-owned nursing homes—are more likely to warrant investigation for nursing home malpractice or necessitate the involvement of a wrongful death attorney.

Holding Nursing Homes Responsible for Insufficient Care

As a nursing home malpractice and wrongful death attorney, Brian P. Murphy is committed to fighting for the health and safety of Philadelphia/PA and NJ nursing home residents. While living as a resident of a Philadelphia/PA or NJ nursing home, your loved one should be confident that his or her needs are met, as protected under federal law.  Brian Murphy’s extensive experience as a wrongful death attorney fighting negligent nursing homes positions him to successfully resolve nursing home malpractice cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Families Sue Nursing Home due to Negligence in Death from COVID: The lawsuit alleges nursing home neglect led to the rampant infection of the coronavirus that caused their loved ones’ wrongful death.

A new lawsuit brought by 16 families of loved ones who died during a 2020 surge of COVID-19 at a New Jersey nursing home brings accusations of gross negligence, wrongful death, and medical malpractice, says an article in the New Jersey Herald. According to the article, the suit filed in Sussex County Superior Court in early April claims that the Woodland Behavioral and Nursing Center and Limecrest Subacute and Rehabilitation Center (previously known as Andover Subacute & Rehabilitation I & II) could have prevented residents’ deaths by implementing nursing home infection protocols. The complaint also claims that medical services performed “negligently and carelessly” contributed to the wrongful deaths of the facility’s COVID patients.

The sister homes first came under scrutiny in early spring of 2020, when the bodies of 17 victims of COVID-19 were found crammed into a morgue meant for no more than four bodies. By April of that year, more than 90 residents had died at these facilities.

According to the article, the suit outlines the following examples of nursing home negligence that allowed for extensive nursing home COVID infections in the spring of 2020, as well as illustrations of medical malpractice that contributed to residents’ wrongful death:

• Failure to issue the proper PPE to employees, or to require masks for visitors, housekeepers, recreation therapists, or nursing assistants
• Permitting employees and visitors to enter the facility without first taking their temperature
• Failure of doctors, nurses, physician’s assistants, and nurse practitioners to sufficiently deliver ordinary care or exercise a degree of skill while caring for sick patients
• Failure of medical providers to make timely diagnoses of, or to properly treat, residents with COVID
• Failure of medical providers to provide explanations to residents infected with COVID of the risks posed to them or the options available to them

Woodland meanwhile faces a host of challenges related to quality-of-care non-compliance. In February federal officials placed the home in an “immediate jeopardy” situation when facility workers were found to have committed acts consistent with nursing home abuse and neglect that jeopardized residents’ lives. The home was already in danger of losing federal funding due to poor quality of care; actions made by Woodland to improve matters preserved both federal funding and the facility’s license for now, although the termination of a provider agreement by authorities may proceed if more actions aren’t taken.

Many families sue this nursing home due to negligence in death from COVID; beyond the 16 families named in the suit, 50 additional families seek to join as class members if the complaint is certified by a judge as class action, the article says. Meanwhile, two other lawsuits against Woodland remain active in Sussex County Superior Court.

Seeking to Secure Your Loved One’s Safety

Your loved one’s Pennsylvania, Philadelphia, or New Jersey nursing home is required to meet every criterion in matters of hygiene as well as all other qualifications for safety. If you’re concerned about the quality of a Philadelphia/PA or NJ facility or you suspect neglect or abuse has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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Additional CMS Requirements to Prevent COVID Infections from Under-Vaccinated Nursing Home Staff:

According to Provider Magazine, the Centers for Medicare and Medicaid Services (CMS) has compiled lists of additional precautions beyond the CDC’s Interim IPC Guidance for Nursing Homes  that facilities should take to prevent the occurrence of COVID-19 nursing home infections from unvaccinated workers. While vaccinations for nursing home workers are currently mandated, current staff members who are exempt from receiving the vaccine for medical or religious reasons, or newly-hired workers who have yet to receive both doses of the series, still pose a threat of causing COVID nursing home infections while working with the vulnerable elderly. Since putting residents at unnecessary risk for nursing home infections is tantamount to nursing home neglect, facilities would be wise to implement the most relevant precautions for  their nursing home population.

The precautions are outlined in the following CMS QSO memos: QSO-22-07-LTC, QSO-22-09-LTC, and QSO-22-11-LTC. While not every precaution outlined in the QSO memos is required, nursing homes are urged to form precautionary policies based on these memos according to residents’ vulnerability to COVID-19 nursing home infections. The following list includes a few suggested measures a nursing home might take to stave off COVID nursing home infections by unvaccinated workers:

• Allow less-vulnerable residents to be cared for by unvaccinated staff who wear N95 masks while preventing immunocompromised residents from having direct contact with unvaccinated workers
• Increase the frequency at which unvaccinated workers are tested for COVID-19 (the current testing requirements as posed by CMS and the CDC guidance , which is based on COVID transmission within the wider community, may be exceeded as a facility sees fit)
• Implement social distancing measures
• Reassign unvaccinated staff to non-patient care duties or remote work

Nursing home understaffing issues resulting from the impact of the coronavirus pandemic and from the vaccine mandates that followed might pose challenges to facilities attempting to implement certain of the above precautionary measures. For example, staffing shortages might impact a nursing home’s ability to shift crucial but under-vaccinated workers into non-patient care; however, irrespective of the strain placed on staff, precautionary efforts need to be taken such as the additional CMS requirements to prevent COVID infections, or else these homes will have exposed their vulnerable residents to nursing home neglect.

Fighting for Your Loved One

Even in the aftermath of a pandemic, Pennsylvania and New Jersey nursing homes are required to meet specific health and safety requirements and to provide such care as to secure the physical, mental, and psycho/social well-being of their residents. To meet these standards, the Philadelphia/PA or NJ nursing home where your loved one lives must be equipped to avoid the poor care that amounts to nursing home neglect or abuse. This includes the prevention of nursing home infections and nursing home understaffing. Should you have concerns about a Pennsylvania or New Jersey nursing home during COVID-19, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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DOH Commissioner Defends NJ Nursing Home COVID Response:

Amid ongoing claims that the state’s efforts fell short in combatting the COVID crisis in New Jersey’s long-term care facilities, Health Commissioner Judy Persichilli defended the state’s response to the pandemic at a recent budget hearing, speaking to accusations that the NJ Department of Health delayed nursing home inspections during the critical early months of the crisis and forced ill-equipped homes to re-admit COVID-positive residents, two failures which critics feel contributed to the over 8,000 COVID-19-related deaths that occurred at New Jersey nursing homes since the onset of the pandemic.

According to an article on NJ1015.com, DOH commissioner defends NJ nursing home COVID response, during a hearing originally called to discuss the department’s budget, but shifting focus to its pandemic response. Persichilli was prompted to go on the defensive regarding measures taken by the DOH. Regarding last spring’s directive concerning the re-admittance of COVID-positive residents to nursing homes from hospitals, Persichilli argued that the directive was indicated only for those homes that could meet certain requirements, such as those that were able to isolate sick residents, provide adequate staffing, and supply their staff with adequate PPE. Persichilli furthermore stated that alternate arrangements had been made to address facilities that could not meet such requirements, including the creation of three COVID-only facilities that accepted over 3,000 residents between April and June.

A NJ.com article conveyed Persichilli’s response to the criticism of inspection delays. She claimed a lack of PPE initially prevented inspections, but that in the ensuing months numerous nursing home inspections—including over 1,000 infection control inspections—turned up more than 600 violations, which led the DOH to levy $2.2 million in fines against 79 operators. While the health commissioner did not specify which facilities were cited or what the nature of the violations were, Persichilli indicated that numerous failures on the part of the facilities themselves had much to do with the scope of the pandemic’s impact on nursing homes.

“We are dealing in long-term care with an industry that has lacked resiliency for years,” Persichilli said.

Critics of New Jersey Gov. Phil Murphy’s handling of the pandemic have been vocal over perceived shortcomings since the news broke regarding the state-licensed Andover Subacute and Rehabilitation Center in the County of Sussex, where last year 17 bodies were found piled in a makeshift morgue after the facility was overwhelmed by COVID. According to a Patch.com article, requests for public records—from those relating to inspection reports for the Subacute facilities, to those involving the DOH’s communications with Andover Subacute’s legal counsel, to those revealing details regarding Andover Subacute’s PPE inventory—have yet to be provided by the department.

Andover Subacute I and II, since renamed Limecrest Subacute and Rehabilitation and Woodland Behavioral and Nursing Center, had a history of deficiencies prior to being ravaged by COVID, and maintained a “much below average” 1-star rating for three years in a row. Following the makeshift morgue incident, an inspection by the Centers for Medicare & Medicaid Services (CMS), determined that the facility had failed to provide proper infection control, which “caused, or was likely to cause” serious injury, serious harm, serious impairment, and death among residents. In addition to other fines, a Civil Money Penalty of $220,235 was imposed by CMS, with other monetary penalties to follow until “substantial compliance is achieved or termination occurs.”

An Attorney You Can Trust in Uncertain Times

Determining the quality and safety of the Philadelphia/PA or NJ nursing home where your loved one lives is essential. Pennsylvania and New Jersey nursing homes are required to meet health and safety standards requirements and to ensure the physical, mental, and psycho/social well-being of their residents. Should you have concerns about the quality of care in a Pennsylvania or New Jersey nursing home, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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