The nursing home where the man died of HIV-AIDS in 2003 is now seeking $6.5 million in damages from the nursing home’s owner, a woman who didn’t tell the nursing staff about her HIV-related status.
A wrongful death lawsuit filed by the nursing homes owner, Jacqueline Jones, seeks damages for wrongful death, negligence, breach of contract, negligence under color of official right, and wrongful discharge.
In a press release, the nursing organizations of Brattleboro, Vermont, and Brattleburgh, Vermont said that the nursing-home owners failed to adequately disclose that Jones was HIV positive.
The lawsuit alleges that the owners of Brandywine Nursing Home and Brandywood Nursing Home failed to follow standard medical practices for handling patients with HIV and hepatitis C.
The nursing home owner did not tell her nurses that Jones had been diagnosed with HIV-negative, according to the lawsuit.
The complaint says the nursing facilities didn’t provide her with appropriate care for her condition.
The plaintiffs in the lawsuit also claim that the Nursing Home Board of Directors did not follow standard procedures for handling cases of HIV and Hepatitis C.
According to the suit, the Nursing Homes Board of Trustees failed to review a medical chart issued by the Vermont Department of Health and Human Services (VDHS) that indicated that Jones tested positive for Hepatoplasma G (HBV) in June of 2003.
The suit says the board didn’t follow standard protocols for reporting such information to the state of Vermont, the United States Department of Veterans Affairs (VA), or other state agencies.
In the complaint, the plaintiffs allege that the board failed to properly disclose the HIV-infection status of Jones to the staff at Brandyvine Nursing Home, and that the Board of Nursing did not act on that information when she began showing signs of increased infection in late June.
The board failed not only to report the diagnosis to the Vermont VA and other state entities, but also to notify the nursing care facility of Jones’ increased HIV-risk, according the lawsuit, which was filed on Oct. 25.
The claim says that the suit seeks a permanent injunction against the nursing boards of Brathboro, Brattleborough, and Bridgewater, Vermont.
In court documents, Jones’s attorney, David L. Siegel, said the case is a “victory for all those who deserve to know the truth about their loved ones, who deserve a safe and private home.”
Siegel said Jones is “doing well and is enjoying the good health she has been experiencing since she was diagnosed with HBV in June, 2003.”
“The Board of the Nursing Centers of Vermont has failed to provide the nursing facility with appropriate medical care for Ms. Jones and has failed in its duty to the public, as well as the nurses who care for patients in their care,” he said.