Suit Over Deadly NJ Facility Outbreak Settled For $6.2 Million

PASSAIC COUNTY, NJ — Thirteen families have reached a $6.2 million settlement with the Wanaque Center for Nursing and Rehabilitation in Haskell, where an outbreak of adenovirus resulted in the death of 11 residents in 2018.

NJ.com confirmed the settlement with the attorney for the families, who filed a wrongful death lawsuit against the Haskell-based facility. The lawsuit alleged that the center didn't notify families of the outbreak immediately, and then waited too long to transfer those infected to the hospital.

Thirty-five people were infected during the outbreak, and 11 children died.

An inspection report at the time revealed lapses in hand-washing and infection control at a surprise inspection in October 2018, a Patch report said.

In one instance, inspectors said they observed a nursing assistant use the same gloves to remove a soiled diaper, respiratory tube, and a resident's tracheotomy collar, the report said. Incidents of nurses failing to wash their hands for the required 20 seconds were also observed, according to the inspection report.

Read the full report here.

At the time, Department of Health officials said the findings didn't necessarily indicate substandard care, but did raise questions about whether these general long-term care standards are optimal for this vulnerable population of medically fragile children," said New Jersey Health Commissioner Dr. Shereef Elnahal.

According to NJ.com, the settlement doesn't equate to admitted wrongdoing on behalf of the Wanaque Center. However, the attorney for the families, Paul da Costa, said it was a net-positive from their view.

"My clients are satisfied that justice was obtained and their children’s experiences and deaths were not simply brushed under a rug," da Costa told the publication. "They hope this never happens to other children going forward."

This outbreak led to legislation signed into law in August 2019, which required nursing homes to create plans for isolation of sick residents in an effort to prevent future outbreaks, according to NorthJersey.com.

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