A new Jersey guy whose uncle passed away at the Sussex ar nursing home where 17 corpses were uncovered crammed into a tiny morgue is currently suing the owner with insurance claims that lock failed come take sufficient precautions to defend residents from contracting COVID-19.

You are watching: Andover subacute & rehab center one andover nj

Brian Roberts filed the class-action suit versus Andover Subacute and also Rehabilitation center I and also II Tuesday in superior Court of Sussex County, NJ.com reports.

Roberts’ uncle, Albert Roberts, passed away at the basic from the virus top top April 1. The nursing home violated the customer fraud act and also federal nursing home laws, Roberts alleges in the suit.

“Despite the an extremely serious risk of an episode at the Facilities, and the dire after-effects that would an outcome if one were to occur, Defendants failure to take it reasonable or enough precautions to protect their occupants and/or patients versus the potential spread out of COVID-19,” the fit says.

Roberts additional states that regardless of having a one-star rating indigenous the commonwealth agency, Centers for Medicare & Medicaid solutions (CMS), the facility advertised itself together a compliant and also high-quality place of treatment — ads the turned the end to it is in “false promises, misrepresentations and also deceptive statements.”

In the past five years, CMS, i m sorry rates and assesses long-term treatment facilities, cited Andover ns for two dozen regulatory violations. Andover II, meanwhile, confronted four dozen.

“Roberts and the Decedent would not have chosen the facilities for Decedent’s parenting home/rehabilitation services, or would certainly not have actually paid what they did had they recognized Defendants" representations about the quality and also safety the the infrastructure were false and deceptive,” reads the suit.

Nursing residence owner Chaim “Mutty” Scheinbaum, who is called in the suit, told NJ.com that sick patients to be separated, social distancing to be enforced and also other steps were taken to prepare inhabitants in the pandemic’s beforehand stages.

“We monitored and complied v Centers for disease Control and Prevention (CDC) guidelines,” Scheinbaum said. “Despite all our efforts, the virus make its method into ours facility, as it go in the majority of long-term treatment facilities across new Jersey. Us took every possible step to take care of this crisis internally while at the same time making dozens of outreaches to local, state, and federal agencies because that help.”

Another class-action suit was filed in may by Joseph Maglioli, the boy of an additional resident, who likewise alleges negligence and also malpractice, the report said.

Click below for much more from NJ.com.

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