Class-Action Lawsuit Certified for COVID-19 Deaths at Winnipeg’s Maples Care Home
A class-action lawsuit addressing COVID-19 deaths at Maples Long Term Care Home in Winnipeg has received certification. This legal action targets the Winnipeg Regional Health Authority and Revera, the former operator of the care facility, which faced a devastating outbreak during the pandemic.
Details of the Class-Action Lawsuit
Associate Chief Justice Shane Perlmutter of the Court of King’s Bench certified the lawsuit on February 2. The action is led by the children of Ethel Lewsey, 99, and Manuel Calisto, 88, both of whom died during the outbreak. The outbreak at Maples was declared on October 20, 2020, and lasted until January 12, 2021.
- The class action includes:
- Residents who contracted COVID-19 during the outbreak.
- Families and estates of deceased residents, under the Fatal Accidents Act.
Perlmutter stated that substantial factual groundwork supports claims of negligence and identifies common issues related to the case. Notably, the Maples home reported the highest attack rate in Winnipeg, with 78.5% of residents infected and a 23.5% mortality rate among the largest personal care homes in the area.
Impact of the Outbreak
During the approximately three-month outbreak, 157 out of 200 residents tested positive for COVID-19, alongside 74 staff members. An external health review subsequently recommended 17 improvements for the home and the Winnipeg Regional Health Authority’s protocols.
The representative plaintiffs, Eddie Calisto-Tavares and Lawrence Lewsey, argue that inadequate planning and response from Revera contributed to the outbreak’s severity. Calisto-Tavares, who was allowed to enter the facility to care for her father during his final days, emphasized the need to remember the residents’ experiences.
Seeking Change and Justice
Calisto-Tavares expressed hope that the legal proceedings will raise awareness about the conditions at the care home and lead to improved standards of care. She stated, “We cannot forget what happened. Those residents… they mattered.”
Darryl Singer, leading the legal team, shared a sense of “elation” over the lawsuit’s certification, noting that overcoming the certification hurdle is a significant achievement. The focus will now shift to pursuing justice and advocating for change within the long-term care system.
As the case progresses, both Shared Health and Winnipeg Regional Health Authority have refrained from commenting due to the ongoing legal process. Meanwhile, in 2023, Extendicare assumed control of the care homes previously managed by Revera.
This class-action lawsuit represents a critical step towards accountability for the tragic impact of COVID-19 at Maples Long Term Care Home and highlights the ongoing need for reform in elder care facilities across Manitoba and beyond.
