(Montreal) The residents of CHSLD Herron, a Dorval establishment hard hit by the first wave of the COVID-19 pandemic, reached an amicable agreement of 5.5 million with the management of the residence.
Posted on March 31, 2021 at 12:08 p.m.
The Canadian Press
The lawyer who represents the plaintiffs of the class action, Arthur Wechsler, confirmed Wednesday morning the signing of the agreement, which provides for the payment of compensation to several categories of people.
Mr. Wechsler said the deal was recently reached without acknowledgment of liability on the part of the defendants or their insurance company, which agreed to provide compensation.
The amount will be shared with the estates of deceased residents, spouses or children of the deceased, as well as residents who were present during the first wave and who survived.
As this is a class action, the agreement must be approved by the Superior Court of Quebec. The case will be heard on April 30.
The claims process is expected to begin approximately six months after approval, with eligible members expecting to receive payment by the end of 2021.
Mr Wechsler said the pandemic amplified an already existing condition that was the subject of the lawsuit, which alleged the long-term care home acted recklessly and showed contempt for its residents and their safety.
“COVID-19 shed light on what we allege in the settlement regarding the abuse of various residents of the Herron long-term health care facility – what the most fragile and vulnerable people were experiencing Mr. Wechsler said in an interview.
“Because of the pandemic, it brought the situation to the surface. We were not alleging that COVID caused this. We were alleging treatment or mistreatment that already existed. ”
Last year, the owners of Herron, the Katasa group of Gatineau, announced the closure of the facility. A public relations firm that represented the owners said it had no immediate comment on the out-of-court settlement.
Mr. Wechsler said there were approximately 134 residents at the facility as of April 2020 when the class action was filed. The lawsuit included people who were at the residence between March 13, 2020 and May 31, 2020, when the province took over management of the facility.
The lawsuit was filed on behalf of Barbara Schneider, the 93-year-old daughter of Mary Schneider, who died at the Herron Residence on April 10. There have been 47 deaths at Dorval Institution which will be the subject of a coroner’s inquest this fall.
The coroner’s public inquest into the deaths that occurred during the first wave of the COVID-19 pandemic was to begin by examining what happened at this CHSLD, but this portion was postponed at the request of the lawyers representing the residence and its leaders.
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