Taxpayers on hook for more vets home COVID deaths? New claims filed against Murphy admin

Lawyers for families of those who died at New Jersey's three veterans homes during the height of the COVID-19 pandemic have filed almost 70 more claims against the Murphy administration claiming that negligence led to their loved ones' demise.

The claims, which need to be approved by a judge to move forward, come six months after the Murphy administration agreed to settle 119 similar claims for $53 million.

The Murphy administration has repeatedly said it does not comment on pending litigation.

The new batch of claims are from families of victims who died in the first months of the pandemic at the Paramus, Menlo Park and Vineland veterans facilities, which were among the hardest-hit nursing homes in the U.S.

A vigil was held in November 2020 near New Jersey Veterans Memorial Home at Menlo Park to remember the dead.
A vigil was held in November 2020 near New Jersey Veterans Memorial Home at Menlo Park to remember the dead.

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More than 200 residents and two staff members died from COVID-19, the vast majority of them at the Paramus and Menlo Park homes. There are three separate investigations ongoing into the deaths after reports by NorthJersey.com and other publications about poor planning, questionable decisions and lax infection control at the facilities during the height of the pandemic.

Tort claim notices must be filed when a plaintiff intends to sue a public entity 90 days after the incident. Because this batch was filed about two years after some of the deaths, a judge must first rule whether they can proceed, said Frank Rodriguez, a Hackensack attorney who filed 12 notices in recent months.

"These families did not know what happened to their loved ones at the time of their deaths, since the home were locked down and communication was at best lacking," he said of why the claims came in later.

Paul da Costa, a Roseland attorney, filed 53 new claims against the Department of Military and Veterans Affairs since the first settlement was reached in December.

At a budget hearing this month, DMAVA Commissioner Lisa Hou said she anticipated more litigation, when asked by a legislator.

The 119 initial claims are going through arbitration to determine how much money each family will receive. The average payout would be $445,000 before lawyers' fees.

After the first settlements were reached, Murphy called them a step toward healing.

“Count me on the list of folks who hope that this allows some amount of step in the right direction for the blessed loved ones left behind," he said in January. "Nothing can ever literally replace the loss of a loved one, but God willing it's a step in the right direction of healing and resolution."

Scott Fallon has covered the COVID-19 pandemic since its onset in March 2020. To get unlimited access to the latest news about the pandemic's impact on New Jersey,  please subscribe or activate your digital account today.

Email: fallon@northjersey.com 

Twitter: @newsfallon 

This article originally appeared on NorthJersey.com: NJ faces more litigation over COVID deaths at veterans homes