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Extendicare in Saskatchewan is facing a class-action lawsuit from the Merchant Law Group, alleging the care home operator was negligent and failed to take steps that would have protected its residents from COVID-19.
Regina lawyer Tony Merchant said Parkside Extendicare will be a key focus of the claim. That was where a COVID-19 outbreak resulted in 200 residents and staff falling ill, with 38 people dying.
“The class action outlines a whole series of directions that Parkside and other Extendicare long-term care facilities received and did not follow,” Merchant said.
“We believe we can recover for the families of people who died and for people who got COVID in these institutions because Extendicare mishandled the treatment, mishandled the directions, mishandled controlling the communication of COVID in their facilities in Saskatchewan.”
Merchant said the company should be held accountable for its “careless conduct,” including not having protective equipment in place, or protocols and plans to deal with outbreaks.
Speaking with 980 CJME on Wednesday morning, Merchant said his firm has been contacted by four families. At the time of the interview, Extendicare was not yet aware of the lawsuit, he said.
The provincial government has ordered an investigation into the outbreak at Parkside Extendicare by the ombudsman.
That probe will investigate infection control practices, Extendicare’s adherence to public health orders and how it responded to positive cases, among other matters.
While the province is not named in the suit, Merchant said it too bears responsibility.
“They would tell Extendicare, ‘Fix this,’ and they didn’t. And then the government wouldn’t do anything to enforce their rules,” he said.
“The government as well should be held to account but not through this litigation. It should be held in the court of conscience because this is not only Extendicare at fault, but the system. The system at fault also caused a loss of life in this instance.”