COVID care homes case update

27 Aug 2021

Dr Cathy Gardner and Faye Harris, whose fathers both died in care homes from coronavirus, are suing the Department for Health and Social Care, NHS England and Public Health England, claiming that there was a failure to implement “adequate” measures to protect residents from the virus.

This week it was announced they have lost a bid for the Government to provide further evidence in their case. Full details can be seen in this article in The Carer.

Michelle Penn, partner at law firm BLM and specialist in occupational disease, said: “Although the rejection of the application by Mrs Justice Eady will be disappointing for the claimants, it does not result in an end to Dr Gardner’s claims. Many are hoping the claimants’ case will hold those responsible to account for failings that may well have led to thousands of deaths and put a huge toll on families, social care workers and those in care. However, it’s not a simple case of the care sector v. the Government.”

“Dr Gardner is essentially claiming the government breached the Human Rights Act by failing to protect the lives and well-being of vulnerable care home residents. Therefore, there’s a risk that care providers who followed Government advice could be brought into a civil action lawsuit as a co-defendant…”

Click here to read more of Michelle’s views on this matter.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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Michelle Penn

Michelle Penn

Partner & Head of Strategic Delivery within Disease Practice Group,

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