Homes for Veterans Hit the Hardest Amid Coronavirus Pandemic

At the height of the COVID-19 pandemic in the United States, one of the worst places to live was in a nursing home. Some of the worst places nursing homes were those run by states and the federal government for veterans of the armed forces. There are 150 of these homes in the country where thousands of residents contracted the respiratory virus, and hundreds died from it because of communication issues, neglect, staff shortages, and other reasons.

As of May 2021, more than 12,000 veterans died while in the area of the VA medical system, whether in VA homes or in health care centers. Along with those patients, 142 VA workers have also succumbed to the virus or virus-related health conditions.

There were at least three veterans homes in Oklahoma that experienced outbreaks during the height of the COVID-19 pandemic.

1. Early in 2020, 36 veterans living at the Claremore Veterans Center in Claremore, Oklahoma, died of COVID-19 complications.
2. The Clinton Veterans Center also experienced an outbreak that infected close to 60 residents and killed at least four. In normal circumstances, the residents who test positive for COVID would be transported to the Oklahoma City Veterans’ Affairs hospital. This was not possible because the facility was full when the outbreaks hit these centers. At one point, 27 staff members at the Clinton center were taken off the schedule because of positive tests.
3. A third center was hit with an outbreak when at least five residents at the Norman, Oklahoma, facility had to be moved to a COVID-19 wing. According to the Oklahoma Department of Veterans Affairs, an asymptomatic employee was responsible for the outbreaks at all three facilities.

The Oklahoma Department of Veterans Affairs stated that 78 residents of the statewide system had died from COVID-19 as of the end of November 2020. At the time, 83 residents in the system had tested positive for the virus and 116 had recovered. Since the outset of the pandemic, 277 residents statewide had tested positive. Of the staffers, 254 had tested positive, 194 recovered, and 60 were off the schedule due to positive test results.

“We are following all of the infection guidelines from Oklahoma State Department of Health and Centers for Disease Control and following every known scientific method for combatting COVID-19,” Joel Kintsel, Oklahoma Department of Veterans Affairs executive director, said. “Claremore beat it. Norman is beating it, and I know Clinton will beat it, too.”

Are there legal options if my loved one contacted COVID-19 in a nursing home?

Potentially. There are a growing number of civil lawsuits being filed against nursing homes throughout the country, but many states offered immunity from negligence claims during the pandemic. Oklahoma was one of those states. Under O.S. §76- 5.9:

Any individual, business, church or school that renders emergency care, aid, shelter or other assistance during a natural disaster or catastrophic event shall not be liable for damages resulting from the rendering of emergency care, aid, shelter or assistance unless the damage was caused by the gross negligence or willful or wanton misconduct of the individual or entity rendering the emergency care, aid, shelter or assistance.

In this case, Governor Stitt included all health facilities – including nursing homes – under that blanket immunity. So while you can still file a lawsuit, you will be unable to secure any damages.

However, if your loved one died as a result of a different condition, you can still file a claim for damages. Nursing homes still owe a duty of care to their residents. If understaffing led to negligent or indifferent care, that is grounds for a lawsuit.

Can you sue a veterans’ home for COVID-19 related injuries or deaths?

Ironically, this may be the easier lawsuit, because veterans’ homes are run by the State of Oklahoma. We say “ironically” because tort claims against the State of Oklahoma are some of the most challenging claims there are. Not only is the statute of limitations significantly shorter, but the damages you claim may be capped.

What can I do to help my lived one in a VA home get help?

Right now, all veterans are eligible for vaccination, and can go to any facility offering vaccines without making an appointment. This is good news, even for vets who may have had the virus and survived. There is growing evidence that people who suffer from “long COVID” – a condition where the symptoms linger for months, even after the virus is gone – can benefit from getting a vaccine, which appears to reduce those symptoms.

If your loved one’s veterans’ home is allowing visitation, you should schedule a visit as soon as you can. Prolonged isolation has been “associated with increases in heart disease, dementia and other health problems, the report finds. In fact, social isolation increases mortality risk on a par with such risk factors as smoking, obesity and lack of physical activity,” per research analyzed by the American Psychological Association. Scheduling a visit with your loved one may be the best thing you can do for him or her.

Finally, if you notice neglect or abuse at a veterans’ home, you should contact an authority as soon as possible. You can contact the Long-Term Care Ombudsman at 405-521-6734.

Veterans deserve better than the care, or lack thereof, they received in veterans’ homes across the country during the coronavirus pandemic. The Tulsa nursing home abuse lawyers at Biby Law Firm can ensure that the veteran in your family receives compensation for their suffering. Call our office at 918-574-8458, or complete our contact form to schedule a consultation today.