The state of Massachusetts has agreed to resolve claims that the negligence of Holyoke Soldiers’ Home caused the resident’s death from COVID-19 with a $55 million settlement. This is going to benefit two classes of veterans. Class A comprises veterans who resided in Holyoke Soldiers’ Home and tested COVID positive between 1st March and 23rd June 2020 but didn’t die before 23rd June 2020. Class B constitutes the estates of veterans who resided at Holyoke Soldiers’ Home between 1st March and 23rd June 2020 and deceased during this period because of COVID-19. The settlement will also benefit the estate representatives of both living and deceased individuals.
Settlement Website: HolyokeSoldiersHomeFund.com
Objection Deadline: 08/16/2022
Exclusion Deadline: 08/16/2022
Claim Form: https://holyokesoldiershomefund.com/claim-forms/
Deadline For Submitting Claim Form: 08/30/2022
Final Hearing Date: 11/14/2022
Settlement Amount: $55 million
Potential Claim Amount: Variable
Proof Of Purchase: Representatives of deceased claimants will have to provide a Letter of Authority or Power of Attorney.
Holyoke Soldiers’ Home is a long-term health care facility run by the state of Massachusetts. Here veterans are eligible for hospice care, health care, full-time residence, and similar services. The estate of a deceased Korean war veteran filed a civil rights class-action lawsuit against the health care facility in July 2020 challenging its improper response in dealing with the COVID-19 pandemic causing around 76 deaths and additional 84 infections. The Holyoke Soldiers’ Home had already come under fire following a state-ordered report and the situation worsened after a complaint was filed by Joseph Sniadach’s estate. Sniadach, a resident of Holyoke Soldiers’ Home’s dementia wards between 1st March and 23rd June died from contracting COVID-19.
Gov. Chris Baker commissioned an independent investigation that revealed the unethical, unprofessional, and deliberately indifferent behavior of five individuals who were primarily charged with taking care of the veterans at the Holyoke Soldiers’ Home. However, there was a callous disregard for the health and safety of veterans in the form of numerous misjudgments, misrepresentations, and errors. Both the state and the United States governments started issuing COVID-19 protection guidance in February 2020 and this specifically called on facilities to isolate infected patients from other patients and staff. Leadership at the soldier’s home assembled in early March to talk about ways of preventing the spread of the virus at the facility. Despite this, no isolation rooms were used at the soldier’s home and the staff didn’t have adequate access to personal protective equipment. The lawsuit further alleges that the staff was discouraged from using personal protective gear like masks.
The first veteran at Holyoke Soldiers’ Home who was diagnosed with COVID-19 displayed clear symptoms in February but wasn’t tested till 17th March. His test results came positive on 21st March but he was allowed to live among other veterans and staff because according to the facility’s medical director Dr. Clinton it was a moot point to isolate him and everyone had already been exposed to the virus. The veteran’s roommate frequently visited other residents’ rooms and the door to his room remained ajar. Dr. Clinton advised against shifting the infected veteran to an isolation room as the remaining patients and staff in 1-North were already exposed. Dr. Clinton believed moving the infected veteran would put the entire facility at risk if the ill veteran somehow venture outside his room in an unsecured unit.
Holyoke superintendent Bennett Walsh reported the positive test result in a report to Massachusetts Secretary of Veterans Services Francisco Urena. However, he falsely claimed the veteran was being quarantined. The facility decided to combine both its dementia wards on 27th March. This move was extremely chaotic as detailed in the governor’s report. According to a staff member, there was a total pandemonium which has been compared to a nightmare and hell-breaking loose situation. The merging of two wards exposed unknowing veterans to the risk of contracting the deadly disease. The first veteran who was infected succumbed to COVID-19 on 28th March and Joseph Sniadach died on April 27. The superintendent was placed on administrative leave from March 30.
As per the class action lawsuit, Joseph experienced conscious pain and suffering since he was diagnosed with COVID-19. The estate of the deceased veteran has alleged that his and other veterans’ 14th Amendment rights were violated as the soldiers’ home failed to offer minimally adequate medical and nursing care. There was a rapid spread of infection in Holyoke Soldiers’ Home as it failed to isolate infected veterans from the others. According to the settlement terms, both class members will receive considerable cash payments. Class A members will receive at least $10000 while Class B members will receive at least $400000. The settlement administrator can offer additional funds to members of both classes if the situation demands.
