EXCLUSIVE | 

Gardaí launch criminal probe into nursing home resident’s death during Covid pandemic

News of the criminal probe comes as families of some of those who died in nursing homes continue to initiate civil action against the private and state-run operators of the facilities.

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Gardaí have launched a criminal probe into the death of a nursing home resident during the Covid-19 pandemic.

The inquiries relate to a nursing home in the south of the country and centre around the care and treatment given to the resident in the lead up to their death.

A significant number of residents in the facility died after contracting Covid-19.

A team of detectives have begun taking statements from relatives of the deceased, current and former staff at the facility, funeral undertakers and other relevant parties. Inquiries are ongoing.

In a statement, gardaí said they “are continuing to investigate the circumstances surrounding the death in a residential facility in Cork in February 2021”.

A source close to the investigation described it as a “test case” which is hoped will lead to charges.

News of the criminal probe comes as families of some of those who died in nursing homes continue to initiate civil action against the private and state-run operators of the facilities.

To date, a total of 59 families are to sue the HSE for damages after their loved ones contracted Covid-19 and died while in the care of State-run facilities and private nursing homes.

The State Claims Agency (SCA), which manages personal injury and property damage claims taken against the State and State authorities, said the claims relate to deaths that occurred in private nursing homes, community health units and hospitals during the pandemic.

In a breakdown of the claims that have been initiated, the SCA said that 43 related to private nursing homes, six to acute hospitals and 10 to community settings. Two claims relate to the death of a healthcare worker.

The HSE is also facing 39 legal claims arising from Covid-19 infection allegedly acquired in the workplace.

A “claim” means that the SCA has received notification of intention to seek compensation where it is alleged the State was negligent.

Law firm PA Duffy previously told the Irish Independent it has issued dozens of wrongful death suits against privately operated nursing homes, but that in many cases the HSE is also a proposed defendant.

“We have been instructed by a number of bereaved families to pursue wrongful death actions against private and publicly run nursing homes,” said Enda McGarrity of PA Duffy Solicitors.

“Pre action letters have been sent to both individual nursing homes and the HSE in cases where it is alleged that both service providers are responsible in some capacity for the provision of care to residents. High Court proceedings have now been lodged in a number of cases.

“The HSE has an overriding duty to intervene in circumstances where a private home is unable to meet the care needs of its residents. We are aware of a number of circumstances during the pandemic where the HSE was asked to intervene in the early stages of Covid-19 outbreaks but failed to do so in a timely or effective manner.

“It is alleged that various nursing homes and the State more generally have breached their duty of care to deceased residents. This has arguably resulted in the accelerated transmission of Covid-19 in care home settings and ultimately caused or contributed to many avoidable deaths.

“In the absence of a public inquiry or indeed any form of appropriate investigation in to nursing home deaths, families have been forced to resort to litigation.

Earlier this month, the Sunday Independent revealed that an inquiry into the State’s response to the Covid-19 pandemic is to be announced by the Government before the end of next month.

It is understood that the situations in nursing homes will be closely scrutinised.

The garda statement added: “As this is an ongoing criminal investigation An Garda Síochána has no further comment at this time.”