SALISBURY, N.C. — Our nursing home crisis is now escalating to the point of legal action. Channel 9 learned Wednesday about a complaint filed in court against the Citadel in Salisbury.
Family members of 96-year-old Marjorie Fuller Garvin moved to the Citadel in Salisbury in February of 2020. The claim said she paid thousands of dollars every month for a private room but on April 8 she called her son concerned.
"She was confused, because they had moved her to another part of the facility with other people who seemed sick,” said attorney John Hughes with Wallace & Graham Law Firm.
[More than 75 COVID-19 cases reported at Citadel nursing home in Rowan County, officials say]
The complaint filed in court Tuesday by Garvin’s family said Citadel staff had moved Garvin from her normal room to an apparent “quarantine hall.” It said her family and friends were not told anything.
"They tried calling the facility staff and wasn't able to get an answer,” said Hughes.
Eventually, they said staff told them she was moved because she had a urinary tract infection and not because she’d tested positive for COVID-19.
"She had a private room. That's safer?” said Hughes.
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The claim said Garvin eventually tested positive for the virus and the family believes negligence and reckless conduct by the defendants, compounded by a lack of funding, staffing, intervention or oversight moved Garvin to the quarantine hall with infected COVID-19 residents, without adequately assessing or confirming her own health condition.
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“We know for a fact the company that owns this facility is a very large, very lucrative company in New York that has resources to staff it better, to pay better to protect staff and above all, they should have followed the coronavirus when it was first coming into the knowledge of health care professionals,” said Hughes.
An attorney for defendant Accordius Health wouldn’t answer specific questions, but said the owners of the Citadel did prepare for COVID-19.
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FULL STATEMENT:
Michael E. Phillips/Attorney, HAT Law
“Everyone associated with the Citadel Salisbury is understandably concerned for our residents and how COVID-19 impacts older individuals, especially those who are infirm and have multiple comorbidities. Hospitals and long-term care facilities have been on the front line of dealing with the coronavirus pandemic. The nursing and CNA staff at the Citadel Salisbury have worked tirelessly for more than two months – even before Gov. Cooper’s March 10, 2020 Executive Order – and they deserve our respect and appreciation. The staff has cared for the residents at the Citadel Salisbury with unwavering dedication.
The presence of COVID-19 at the Citadel Salisbury, like healthcare facilities around the world, is inextricably linked with the population it serves and the insidious nature of how the virus spreads.
The Citadel Salisbury has an emergency preparedness plan as required by its licensure, and it has also implemented a COVID-19 pandemic plan. Both plans were reviewed and implemented well before there were any signs of the virus at the Citadel Salisbury.
These plans are reviewed daily and revised as needed. We also contacted the NC Department of Health immediately following the first confirmed case at the Citadel Salisbury on April 7, 2020, and the Citadel Salisbury has worked continuously with the N.C. Department of Health, along with Novant Rowan Hospital, to implement and revise its testing strategy on a daily basis. Additionally, the N.C. Department of Health concluded a COVID-19Focused Infection Control inspection of the Citadel Salisbury on April 17, 2020, and found the facility to be in compliance with the applicable regulations, including in the area of infection control.
It is unfortunate that this unavoidable and unprecedented pandemic is being used to question the integrity and professionalism of the Citadel Salisbury staff. Instead of responding to baseless and unfounded accusations, we would instead like to acknowledge the sacrifices being made by not only the staff at the Citadel Salisbury, but all healthcare workers. Thank you for all you do, and please know that you and the residents you serve will continue to be in our thoughts and prayers.”
STATEMENT FROM GARVIN FAMILY & FRIENDS:
“We are grateful for the outpouring of support we have received regarding Marjorie Fuller Garvin.
Marjorie is a proud and tough woman and our fingers are crossed she pulls through this.
Some have asked about her background. Marjorie grew up in Georgia as a child. When she moved to the Salisbury area many years ago, she became an officer at a local bank.
For years, she was the assistant to the president. She loved her job and worked there for decades. She was a smart cookie and helped the bank succeed. She and her husband, Ben Albright Garvin, loved living in Salisbury. Ben grew up in Spencer, NC and served in the U.S. Army during World War II. He worked for Norfolk Southern Railway for 40 years. Ben passed away in 2011.
Marjorie and Ben were active in the church and she in her spare time liked to work with the youth church group. She loved to travel all over the world with her husband Ben with the Christian tours.
The virus has had a huge impact. Now her life is in jeopardy. It is a terrible and tragic situation.
We brought this lawsuit because we want to protect our elders. It is only because of them that we are here.
We want accountability by the company.
Accordius is part of a large New York area enterprise with resources.
It is owned by private equity managers with vast financial means. They bought up nursing homes all over the place. They took on the responsibility. Accordius should do more, even if it costs them money.
If it means losing money, so be it. Human lives are more important. It doesn’t matter if the company has to take a financial hit just like the rest of us. They need to pay their workers more, support their nurses better. They should have seen this train coming. They say they are the experts. They should support their employees better and pay them for the hazards they go through too.
Our hearts go out to the front line staff. They are not the enemy here. They are paid low wages and they work long hours. How many of them have now taken the virus home to their own families? The investors running this company must be held accountable.”