The distraught families of nursing home residents who tragically lost their lives to COVID-19 have filed a groundbreaking lawsuit holding former New York Governor Andrew Cuomo responsible for the ‘thousands’ of deaths. This group of eight individuals is accusing Cuomo of causing the ‘wrongful and untimely deaths’ of their loved ones, as well as more than 15,000 nursing home patients, through his controversial March 25th Directive. This policy forced nursing homes to admit COVID-19 patients, despite the knowledge that vulnerable residents would be exposed to the deadly virus in 2020. The plaintiffs, consisting of widows and children of eight residents who passed away while the policy was in effect, are taking legal action against Cuomo and other high-ranking officials in his administration. Defendants named in the case include Cuomo’s former aide, Melissa DeRosa, the former Commissioner of the New York Department of Health, Howard Zucker, and the ex-Executive Deputy Commissioner for the Department, Sally Dreslin.
The lawsuit alleges that at the time of their loved ones’ infection and subsequent deaths from COVID-19, the defendants were deliberately conspiring to downplay and underreport nursing home deaths in order to hide the devastating impact of the virus. The case, filed in federal court in New York, highlights the possibility of damages for up to 15,000 families and seeks an undetermined amount of compensation. The controversial March 25th directive, which required nursing homes to accept COVID-19 patients, was issued shortly after the New York State Health Department acknowledged the vulnerability of elderly residents to the virus and issued guidelines for screening visitors and employees.
On March 13, 2020, as then-President Donald Trump declared a national emergency, the department instructed nursing homes to cease visitor access. However, just 12 days later, the department issued the directive that required nursing homes to admit COVID-19 patients without testing them or prior to admission. This policy drew criticism from various healthcare organizations, including The Society for Post-Acute and Long-Term Care Medicine, which argued that it was unenforceable and contradicted patient safety principles.
The lawsuit presents damning evidence against Cuomo and his administration, including admissions made by DeRosa regarding the intentional underreporting and withholding of nursing home COVID-19 death tolls. The case also cites statements made by Cuomo and Zucker, where they were uncertain about whether nursing homes should readmit COVID-19 patients. Assemblyman Ronald T. Kim criticized this uncertainty, stating that it demonstrated either lies or a lack of awareness regarding the situation on the ground.
The filing accuses Cuomo and his associates of engaging in shocking and conspiratorial actions that resulted in the deaths of vulnerable nursing home residents. The victims listed in the lawsuit suffered tremendously, experiencing conscious pain, agony, and fear of imminent death. The lawsuit further asserts that the officials purposefully distorted the COVID-19 death toll for over 11 months to deceive the public about the devastating effects of the March 25th directive. As of July 2021, more than 17,000 COVID-19 deaths had been reported in New York nursing homes since the beginning of the pandemic.
Despite initial praise for his handling of the pandemic, Cuomo’s reputation suffered a significant blow after a report from New York Attorney General Letitia James revealed a potential undercounting of long-term care resident deaths by as much as 30 percent. This revelation led to a decline in public trust and a drop in Cuomo’s approval ratings. Additionally, Cuomo faced allegations of sexual misconduct against women during his time in office, ultimately leading to his resignation.
While other states separated COVID-19-positive patients in separate facilities, the lawsuit claims that Cuomo’s administration left New York nursing home residents vulnerable to the virus. The case includes the names of eight individuals who lost their lives to COVID-19 complications, representing the devastating impact of the March 25th directive. The families seek justice and accountability for the loss of their loved ones and the thousands of other nursing home residents affected by this deadly policy.
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