Household sues Austin nursing dwelling for COVID wrongful demise

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The household and their legal professional declare an absence of an infection management protocols led to her demise.

AUSTIN, Texas — An Austin household is suing a neighborhood nursing dwelling after their mom, Rachel Luna, handed away after contracting COVID-19.

The household and their legal professional declare an absence of an infection management protocols led to her demise. The KVUE Defenders have been reporting on COVID circumstances and deaths related to that nursing dwelling for the reason that early months of the pandemic.

Maria Ortega, Luna’s daughter, stated the power might have protected her mom.

“Rachel Luna deserves to nonetheless be right here, however God does issues for a cause,” Ortega stated.

The final time Ortega and her household noticed her mother was in March 2020. 

“She did say, ‘Mija, you recognize I like you very a lot, proper?’ And I stated, ‘Oh mother, I do know, I do know you like us very a lot.’ And that was the final time I talked to her,” Ortega stated.

 In April 2020, Luna died from COVID-19.

“It was simply unhappy as a result of she was alone, you recognize, no one was there to carry her hand,” Ortega stated. 

Luna lived at West Oaks Nursing and Rehabilitation Heart in South Austin. Her household’s legal professional J.T. Borah with the Carlson Legislation Agency claims the power did not observe correct an infection management protocols. 

RELATED: South Austin nursing dwelling confirms staffer died days after KVUE Defenders pushed for solutions on COVID-19 circumstances

“For a lot of within the facility like Mrs. Luna, getting COVID was a demise sentence,” Borah stated.

In a lawsuit, Borah states West Oaks did not correctly prepare employees about coping with infections. In response to Texas Well being and Human Companies, West Oaks was one in every of tons of of Texas nursing properties that violated an infection management protocols in 2020.

RELATED: A whole lot of Texas nursing properties violated an infection management requirements throughout COVID-19

“Very first thing is we need to discover out what occurred. Secondly, we wish somebody held accountable and third, we do not need this to occur anyplace else,” Borah stated.

 “I miss her a lot and I simply need to maintain her reminiscence going,” Ortega stated.

The ache lingers for Luna’s household as a result of they imagine it wasn’t her time to go.

“I would like folks to know her and to know that she was beloved and that she did not die for nothing,” Ortega stated.

A spokesperson for the corporate that runs West Oaks advised KVUE in a press release: 

“Whereas we can not touch upon pending litigation, security protocols had been adopted on the onset of COVID-19 and proceed to be enforced as they evolve. The well being and well-being of our sufferers and employees stays our precedence.”

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