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More on the LaSalle Veterans’ Home lawsuits

Wednesday, Mar 16, 2022 - Posted by Rich Miller

* One of the things that might be getting a little lost in the coverage of the Court of Claims filings by the families of the residents killed by COVID at the LaSalle Veterans’ Home is that the lawyers have also filed separate lawsuits against individual staff members in LaSalle County’s district court. At least one doctor and several nurses are being sued. All of the Court of Claims and court filings are here. You can click here to see a sample lawsuit. They’re asking the district court for amounts in excess of $50,000 from each defendant in each of the 27 cases.

I asked the attorneys’ spokesperson Anne Kavanagh about why staff members were being sued…

Some staff members were named because they did not follow basic, long time safety rules that have applied to preventing the spread of all airborne viral infections not just COVID 19 for decades.

Basics like not exposing people infected with the virus to others, hand washing, wearing masks etc. Nursing 101. Especially when dealing with an elderly, at risk population who cannot protect or take care of themselves. By November 2020, these basic things were also well known to the general public. That trained health professionals did not abide by them is unimaginable. Furthermore, masks were mandated by the state in any kind of health care facility and were especially essential in a nursing home. Staff members have some personal responsibility.

Ironically enough, Kavanagh was brought in as a consultant to Gov. Bruce Rauner, who subsequently had to deal with fallout from deaths at the Quincy Veterans’ Home.

…Adding… From Anne…

For the record, although I did do some consulting work for the former governor, Bruce Rauner for a short period of time, I never worked on anything related to the Quincy Veterans Home tragedy.

* Anyway, let’s move on to a press release from GOP gubernatorial candidate Paul Schimpf…

Republican candidate for governor Paul Schimpf says the LaSalle Veterans’ Home tragedy is the result of failed leadership and a lack of accountability following the recent filing of lawsuits in LaSalle County that allege negligence and wrongful death, in what amounts to systemic failure. Schimpf says the loss of 36 Illinois veterans at the LaSalle Veterans’ Home is not only tragic, but it was avoidable.

“My heart goes out to all of the families who lost a loved one in this preventable tragedy,” Schimpf said. “We can’t turn back the clock, but we do owe it to the victims and their families to make sure a failure of this magnitude never happens again. I stand with the families of these veterans, and I will fight to ensure we have justice for the victims.”

Senator Schimpf says we’ve conveniently learned of failures at the facility and departmental level, but we still have no idea what Governor Pritzker knew—and when he knew it. “Why did his administration decide to ‘go it alone?’ Was the governor aware, or was he somehow disengaged? Why did it take twelve days for the Illinois Department of Public Health to dispatch a response team? Governor Pritzker must acknowledge that the buck stops with him, and he can’t shift the blame to his political appointees.”

The former state senator who was minority spokesman on the Veteran’s Affairs committee at the time of the outbreak demanded committee hearings when he says the facility’s area senator, Sue Rezin, was ignored by the administration. “I can’t help but wonder if this tragedy could have been avoided simply through legislative oversight of the administration. This is what happens when we assume that political appointees are up to the task.”

Now Schimpf is calling on the legislature to hold the administration accountable. “Of all people, Governor Pritzker should realize that oversight is necessary. Candidate Pritzker spent millions blasting the previous administration’s handling of the Quincy veterans’ home only to have his administration oversee the deadliest outbreak at a state facility in Illinois history. We need to institute legislative oversight practices immediately, so this kind of preventable tragedy never happens again.”

“Governor Pritzker’s billions boosted his campaign, but his money couldn’t buy him leadership. I was taught in the military that if you are in charge, you take responsibility. As a hands-on governor, my staff would’ve known to call me the minute the outbreak occurred. As governor, I won’t shift the blame to lieutenants when it’s politically expedient. I’ll stand up for Illinois veterans and working families and keep our communities safe.”

* And here’s a handy coverage roundup from the Irvin campaign…

The Pritzker Administration’s gross negligence and incompetence led to the deaths of 36 of our nation’s heroes at the LaSalle Veterans Home. Their families are now seeking the Justice they deserve.

“After sacrificing their lives for our freedoms, these veterans ultimately died due to the mismanagement and ignorance of the Pritzker Administration,” said Irvin for Illinois spokesperson Eleni Demertzis. “These heroes deserved better, and we have to ensure that such a tragedy never occurs again.”

FOX 32: “In total, 36 veterans died of COVID at the VA in late 2020. Family members said even the most basic safety protocols were not followed.A report by the state inspector general, as well as other independent investigations, found management, a lack of planning training, and poor communication as part of the cause of the deadly virus outbreak. The investigation led to the firing of the home’s administrator and nursing director. The head of the State Department of Veterans Affairs also resigned during the fallout of the investigation.”

ABC 7: “The family members of 27 veterans are part of lawsuits just filed against LaSalle Veterans Home, the state of Illinois, the Illinois Department of Veterans’ Affairs and several other staff members at the long-term care facility. A state inspector general’s report last year found those deaths could have been prevented. “They had no plan; they had no training. In many cases, they weren’t wearing masks. They had no hand sanitizer. They didn’t even have morphine ordered by a doctor to mitigate the painful death many of our clients suffered,” one attorney said. The families say their loved ones died in pain, and, in many cases, alone.”

CHICAGO TRIBUNE: “The deaths have prompted a series of individual lawsuits against the state on behalf of the families of 26 veterans who died of COVID-19 or coronavirus-related illnesses. The suits come nearly a year after the Illinois Department of Human Services’ inspector general detailed systemic mismanagement from top leadership of the Illinois Veterans’ Affairs Department all the way down to the LaSalle home’s administrator. The result, according to the 50-page report, was an “inefficient, reactive and chaotic” response to controlling the virus. “The state thoroughly investigated itself and basically convicted itself with the conclusion that there was rampant negligence that resulted in unnecessary deaths,” said Steve Levin, one of the attorneys filing the lawsuits. “That’s the state. The state has done our investigation and concluded that they are guilty.”

CENTER SQUARE: “The family members of 27 veterans who contracted COVID-19 are part of lawsuits filed against the state of Illinois, the Department of Veterans Affairs, LaSalle Veterans Home and several staff members at the facility. Twenty-six of the 27 veterans listed in the lawsuit died. Lindsey Lamb, of Lockport, spoke about her grandfather, 89-year-old Richard Cieski, a Korean War vet who died when the virus swept through the facility in November 2020. “He was a loving, gentle, caring family man who didn’t deserve to die the way that he did,” Lamb said.”

NBC: “Several of the family members spoke this morning during a news conference about the lawsuits. “These men didn’t deserve to die alone. They were there to be taken care of. We put our family in their hands, and they failed us,” said Lindsey Lamb, granddaughter of a veteran who died at LaSalle. “The inspector general’s report also found staff did not wear masks, take temperature checks before working or wash their hands properly. Family members are also demanding accountability from Governor JB Pritzker, since he frequently criticized former governor Bruce Rauner for his response to the deadly legionnaires’ outbreak at the veterans home in Quincy.”

WGN: “Attorneys say these deaths were preventable. They say the staff didn’t even have hand sanitizer and didn’t always wear masks or change gloves after treating one patient and moving to another. “Is the job of a long-term care facility in these times to ensure that infections like Covid-19, do not get into the nursing home and once they do get into the nursing home, that reasonable steps are taken to prevent its spread,”said Attorney Steven Levin. And if it spread reasonable steps need to be taken to respond to those in this case, veterans who fell ill.”

CBS: “The lawsuits rely heavily on a scathing report from the state’s own inspector general, which called the veterans’ home’s response to the outbreak “inefficient, reactive, and chaotic.” “The state must be held accountable for their actions - or, in this case, inaction,” said attorney Mike Bonamarte.”

       

29 Comments
  1. - The Velvet Frog - Wednesday, Mar 16, 22 @ 10:52 am:

    So the GOP is specifically pointing out lack of mask wearing as a reason for these deaths.

    Over the last two years hasn’t JBP been telling people to wear masks? And hasn’t the GOP been the ones saying that masks do nothing and doing everyting they can to discourage mandates and wearing them?

    I don’t see how this strategy helps them.


  2. - Pizza Man - Wednesday, Mar 16, 22 @ 10:52 am:

    Quite sad but understandable with these filed lawsuits.

    As I predicted a year ago, this won’t be looking good for the guv during the gubernatorial general election.


  3. - Pot calling kettle - Wednesday, Mar 16, 22 @ 10:57 am:

    The problem seems to be with Veteran’s Home employees who were not following basic health protocols (AKA “mandates”). Since Schimpf and Irvin are both on the record opposing mask, vaccine, and testing mandates (basic health protocols that would help keep residents safe)…how do they square that with their position on the Veteran’s home fiasco? What would they have done differently? (That also goes for Sen. Rezin who has been playing on both sides of this as well…)

    For example: “Former state Sen. Paul Schimpf, R-Waterloo, who’s also running in the GOP gubernatorial primary, said he opposes mandates and supports individuals’ rights to make their own decisions.” (Center Square, Feb 8, 2022) Should employees be allowed to choose or are mandates appropriate? The “free to choose” approach will result in more outbreaks like the one in LaSalle.


  4. - Oswego Willy - Wednesday, Mar 16, 22 @ 11:03 am:

    ===Ironically enough, Kavanagh was brought in as a consultant to Gov. Bruce Rauner, who subsequently had to deal with fallout from deaths at the Quincy Veterans’ Home.===

    The checks cash the same, it’s the business she chose.

    To the post,

    Outside the individuals facing legal action, the administration should be very interested in settling the cases against the agency and the state, and move forward… claim the dismissal of a director who seemingly was half hearted in this specific role and this home, and the changes in protocols are them (the administration) not only listening but acting for a better way going forward… but… try to get to a settlement should be the goal.


  5. - Big Dipper - Wednesday, Mar 16, 22 @ 11:03 am:

    State trial courts are circuit courts, federal ones are district courts.


  6. - jim - Wednesday, Mar 16, 22 @ 11:05 am:

    Pot.
    love your entirely political response.
    but, remember, nursing homes filled with the sick and elderly are different than the general public. that’s an especially vulnerable population that should have been the main point of emphasis from day one. that, of course,is policy. Pot is talking politics.


  7. - Back to the Future - Wednesday, Mar 16, 22 @ 11:09 am:

    Very good and well constructed statement by Mr. Schimpf.
    If experience in government, being a veteran, appearing to be one of (if not) the smartest candidate of either party for Governor as well coming across as a decent sort of fellow mattered this candidate would be picking up points in any poll.
    Unfortunately money seems to be an issue for him. You don’t need Billionaire bucks, but you do need to get your message out and that is going to be hard to do without a stronger fund raising staff.
    Maybe he will pick up support during the debates.


  8. - The Velvet Frog - Wednesday, Mar 16, 22 @ 11:09 am:

    It’s all politics. Yes, there are different situations. But it still works in the opposite direction as their “Masks don’t work” messaging.

    And vulnerable populations *were* the main emphasis from day one.


  9. - allknowingmasterofraccoondom - Wednesday, Mar 16, 22 @ 11:13 am:

    I wonder if Chapa LaVia is still on the Gov’s Christmas card list.


  10. - Oswego Willy - Wednesday, Mar 16, 22 @ 11:16 am:

    ===Ironically enough, Kavanagh was brought in as a consultant to Gov. Bruce Rauner, who subsequently had to deal with fallout from deaths at the Quincy Veterans’ Home.===

    I would be very remiss if not recognizing as Rich points out the irony, due also in part that there are few on the Raunerite side, specifically Raunerites only, that felt governors own in Rauner’s case was “too far” to what was happening (less emails from others like Diana Rauner, but I digress) to now a strong belief that magically governors own again, and Anne Kavanagh on this side is a real reminder of that… duality.


  11. - TheInvisibleMan - Wednesday, Mar 16, 22 @ 11:20 am:

    Meanwhile, Social media and SEO consultants are busy trying to erase all the contradictory things from 2021 from these same candidates.

    I simply do not care at all about any republican suddenly pretending to care about the well being of someone else.

    Democrats: “We’ve implemented some mandates to help stop the spread of a disease that greatly impacts our vulnerable populations.

    Republicans: “Fascist(banned punct) - I’m not going to listen to your unconstitutional rules. Death comes for us all”.

    Even senator Rezin was on a kick of trying to convince her constituents to get rid of or just ignore the mask mandate in Lasalle *as this was going on*.

    Republicans should be very careful treading on this rail during the campaign. They don’t seem to have noticed yet that it’s electrified. If it’s bad for Pritzker, it’s worse for them - which is probably why they are trying so hard to make it land first on Pritzker. Because unfortunately where an accusation lands first is more important than how factual it is.


  12. - Candy Dogood - Wednesday, Mar 16, 22 @ 11:39 am:

    Regardless of the size of government, whether a city, state, or the federal government, when a new executive comes into office they have a certain amount of discretion over hiring and firing political appointees and other positions. There are competing philosophies on retaining vs. firing employees. One aspect of retaining employees is that the incoming administration can benefit from their internal knowledge and expertise which is set against the benefit of bringing in new staff that are more inclined to agree with the philosophical approach and goals of the newly elected executive.

    In application retaining the staff that exists in Illinois meant retaining a lot of Rauner appointees and current former GOP sycophants that went along with the Rauner’s administration efforts to intentionally harm our government and institutions to create a crisis along with the most tenured employees who began their careers during a period of illegal patronage schemes. Whatever benefit their experience might have could be offset by the culture of corruption, self serving, and self dealing that they cut their government teeth on.

    Governor JB Pritzker did not fire enough of the people he could have fired to bring leadership into the agencies that would have strived to deliver a better government to the People of Illinois and the individuals that rely on government service.

    We can hang a lot of blame on Chapa LaVia too, but it looks like some agencies have been allowed to rot from the top down for too long. It’s sad that Governor Pritzker’s administration has to take time out of it’s day to deal with things that would have been less likely to happen if they had made the mature choice to purge the state agencies of middle and senior management that never should have been in those jobs in the first place.


  13. - The Hills 60010 - Wednesday, Mar 16, 22 @ 11:40 am:

    Because this tragedy occurred during his administration and under the tutelage of one of his political appointees, does the Governor hold “some” responsibility, of course he does, but he is THE governor of THE whole big ole state, which at that time was, just like the rest of THE ENTIRE world, trying to figure out what was this plague. He is required to take the blows for his appointees’ lack of oversight, but he is not responsible for what was a nasty, allowed to grow and fester, culture of poor attention to basic patient care hygiene. That home was in trouble before he took office, shame on ALL of us for allowing those who served in real wars to live out their seniors years under those conditions .

    ” Some staff members were named because they did not follow basic, long time safety rules that have applied to preventing the spread of all airborne viral infections not just COVID 19 for decades.

    Basics like not exposing people infected with the virus to others, hand washing, wearing masks etc. Nursing 101. Especially when dealing with an elderly, at risk population who cannot protect or take care of themselves. By November 2020, these basic things were also well known to the general public. That trained health professionals did not abide by them is unimaginable. Furthermore, masks were mandated by the state in any kind of health care facility and were especially essential in a nursing home. Staff members have some personal responsibility.”

    The allowed culture of the home much to blame.


  14. - Donnie Elgin - Wednesday, Mar 16, 22 @ 11:59 am:

    =The families say their loved ones died in pain, and, in many cases, alone.=

    No one should be subject to such neglect, but the fact that these were veterans who already sacrificed for our freedoms makes this a great stain on the entire state. Shame on those in charge all the way up the food chain.


  15. - Thomas Paine - Wednesday, Mar 16, 22 @ 12:03 pm:

    I wanna know who hosted the Halloween party.


  16. - Back to the Future - Wednesday, Mar 16, 22 @ 12:34 pm:

    “Try to get a settlement should be the goal”
    Who’s goal?
    Thinking taking Pritzker’s deposition would be a better goal that would surely result in a larger and more appropriate recovery for the plaintiffs.
    After his “stuff happens” comment and his refusal to accept responsibility “approach” to ducking his failure as Governor is going to cost taxpayer a lot of money, but those families deserve whatever a jury decides to give them.
    A good question in a deposition might be why he refused to sign legislation that passed the General Assembly that tried to put in a few safeguards for Veterans.
    Time for us to “Pay the Piper” for Pritzker’s conduct.
    This is should not be about politics. It should be about Justice.


  17. - Pot calling kettle - Wednesday, Mar 16, 22 @ 12:37 pm:

    Jim wrote: ==Pot. love your entirely political response. but, remember, nursing homes filled with the sick and elderly are different than the general public. that’s an especially vulnerable population that should have been the main point of emphasis from day one. that, of course,is policy. Pot is talking politics.==

    I remember. The policy emphasis, from day one, was masking and other measures followed by testing and then vaccine mandates. Those are policies that would keep the vulnerable populations safe. That was the emphasis from the Pritzker Admin. The poor execution by DVA leadership was exacerbated by folks like Sen. Rezin and Sen. Schimpf politicizing sound policy when they encouraged folks to not abide by those mandates. Sound policy was undermined by political pandering. Irvin rightly supported the sound policy…until he decided, for political reasons, to abandon that ship.

    You wrote: “nursing homes filled with the sick and elderly are different” They may be different, but they are not separate. What happens on the outside effects the inside. Habits on the outside can become habits on the inside. Especially so when you have elected leaders calling basic measures into question and encouraging others to do so as well.

    Look at the description of the lawsuits: Basic health measures were ignored. Who supported that? Who encouraged that? What was the message from Sens. Rezin and Schimpf? That was politics.


  18. - Here we go - Wednesday, Mar 16, 22 @ 1:04 pm:

    This issue, as if on cue, by the red team’s communications infrastructure (center square, etc). Followed soon, no doubt some type of new IPI report that will be shared by thousands on Facebook. Let’s step up our game, blue team.


  19. - Oswego Willy - Wednesday, Mar 16, 22 @ 1:27 pm:

    === Who’s goal?===

    Those filing suit.

    That’s how it all works. You Sue. You want restitution.

    You think any administration wants to fight folks who lost loved ones?

    Your prism is this political “take them down” thingy, when in actuality, suing means there’s a want to an end.

    ===Time for us to “Pay the Piper” for Pritzker’s conduct.
    This is should not be about politics. It should be about Justice.===

    So no settlement brings justice?

    You *ever* met a lawyer?


  20. - Lincoln Lad - Wednesday, Mar 16, 22 @ 1:32 pm:

    I thought Chapa LaVia was a decent legislator. As an agency Director, she was a total disaster. I don’t understand how she let this happen… though I know there is no defense for what happened. It’s like two different people…


  21. - The Velvet Frog - Wednesday, Mar 16, 22 @ 1:41 pm:

    ==After his “stuff happens” comment==

    What comment? Quote please.


  22. - Rich Miller - Wednesday, Mar 16, 22 @ 1:42 pm:

    ===What comment? Quote please. ===

    https://capitolfax.com/2020/12/11/asked-if-he-bears-responsibility-for-lasalle-deaths-pritzker-says-he-does-but-also-places-blame-elsewhere/


  23. - The Velvet Frog - Wednesday, Mar 16, 22 @ 1:46 pm:

    Thanks. It’s a stretch to try and spin that as nothing more than “stuff happens”.


  24. - Oswego Willy - Wednesday, Mar 16, 22 @ 1:49 pm:

    ===It’s a stretch to try and spin that as nothing more than “stuff happens”.===

    As in the post Rich very graciously gave, and appreciate that, this take coming back to haunt isn’t a new thought.


  25. - Private Servant - Wednesday, Mar 16, 22 @ 3:22 pm:

    “Governor Pritzker’s negligence killed 36 of our veterans.”


  26. - Huh? - Wednesday, Mar 16, 22 @ 4:33 pm:

    “Governor Pritzker’s negligence killed 36 of our veterans.”

    No. It was the negligence of the staff, the refusal of administrators and local officials to carry out the covid mandates who kill the veterans. It was the trampian GOP obstinate politicization of the pandemic that killed the veterans.

    Governor’s own. Pritzker’s in office. It is his administrative responsibility. However, there is only so much Pritzker could do and he did the best he could.


  27. - Oswego Willy - Wednesday, Mar 16, 22 @ 4:43 pm:

    ===Governor’s own. Pritzker’s in office. It is his administrative responsibility. However, there is only so much Pritzker could do and he did the best he could.===

    This is the full and complete discussion to this tragedy.

    Taking one step back to the political, Pritzker will talk, {he will need to, can’t let this sit, also, unless there’s a settlement(s), there will be (a) pending case(s) to this all… } the campaign will talk about Chapa LaVia, and that change, and the replacement, and they have, read the statement…

    … but we’re gonna talk about a race that will very easily top, both sides, $300+ million, maybe as high as a half of a billion (with a B)… and holding the administration accountable, only the political, the voters, like with Rauner, will have a say come November.

    To the governing, to the legal, to the actual, yes, the facility, the workers, the “culture”, so much of that will be decided and litigated, legally, politically, both, but it’s always-always… governors own… and it stinks when it’s unwarranted… and can be unwarranted when governors own is a good thing.

    So that lil sentence above, it’s not too far off, but governors own, they always do, and always will.


  28. - Huh? - Wednesday, Mar 16, 22 @ 8:08 pm:

    Governor’s own.

    Blaming Pritzker for what happened in LaSalle ignores the reality of how State government operates. As we saw, Pritzker ordered the mask and vax mandates. Staff refused to abide by his orders. People died.

    The weak link was the staff refusing to think of anyone but themselves and what they considered to be a violation of their imagined constitutional rights.

    The Governor can order, but there is no guarantee that the directives will be carried out by the staff.

    Governor’s own.

    I hate that phrase.


  29. - Oswego Willy - Wednesday, Mar 16, 22 @ 8:10 pm:

    ===I hate that phrase.===

    You can hate it, but it’s still true, good and bad.


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