$6.2M Settlement For 13 Families Harmed By Pediatric Nursing Home’s Inadequate Virus Response (Pre-COVID)

Thirteen families obtained a $6.2 million settlement from the former operators of the Wanaque Center for Nursing and Rehabilitation, a pediatric nursing facility in Passaic County, New Jersey, who had alleged that the facility experienced a viral outbreak among its young patients in 2018 but failed to advise the parents and subsequently waited too long to transfer infected patients to the hospital. Seven of the children whose families are members of the settlement group died. The families of five other children not members of the group previously settled their claims.

In total, 35 pediatric patients were infected by an adenovirus, one employee was also infected, and eleven of the infected children died. Many of the hospitalized children were so sick when they arrived at the hospital that they needed intensive care for many months.

Wanaque Center for Nursing and Rehabilitation was subsequently sold in 2019 and was renamed the Phoenix Center for Rehabilitation and Pediatrics.


The results of a CMS Survey of the facility stated: “Based on interview, observation and record review, the facility failed to evaluate resident population and identify the resources needed to provide the necessary care and services required for residents during [MEDICAL CONDITION] outbreak. Specifically, 33 of 53 symptomatic residents tested positive for adenovirus (adenoviruses are a group of [MEDICAL CONDITION] that infect the lining of your eyes, airways and lungs, intestines, urinary tract, and nervous system and is a common cause of fever, coughs, sore throats, diarrhea, and pink eye) which resulted in 34 transfers to emergency room and/or hospitalizations and 11 deaths. The failure placed the facility’s other residents in immediate jeopardy of contracting adenovirus infections, with the likelihood to cause serious harm, impairment, or death.”

“A review of the facility – wide assessment revealed that it lacked a facility and community based all hazards risk assessment in regards to active recognition, management, and mitigation of an active infectious disease outbreak. This deficient practice contributed to the failure to contain and control [MEDICAL CONDITION] outbreak in the pediatric ventilator unit. This deficient practice impacted 17 of 35 sampled residents … This deficient practice resulted in the development of infections involving 53 residents, 11 of which, died.”

“Based on observation, interview, and record review, the facility failed to implement an effective Infection Prevention and Control Program (IPCP) to help prevent the development and transmission of communicable diseases and infections in the facility. This system failure lead to a delay in the prevention, identification, reporting, investigation, and control of an outbreak of a communicable adenovirus infection within the facility’s pediatric ventilator unit, which, as of [DATE], had caused adenovirus-positive infections in 17 of 35 sampled residents.”


If your child was harmed while a resident of a nursing home in New Jersey or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to implement proper infection controls, you should promptly find a New Jersey nursing home claim lawyer (New Jersey medical malpractice lawyer) or a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on behalf of you and your child, if appropriate.

Visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

Turn to us when you don’t know where to turn.

This entry was posted on Tuesday, November 9th, 2021 at 5:25 am. Both comments and pings are currently closed.


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