The families of those who tragically lost their lives during the COVID-19 outbreak at Newmarch House in Sydney are set to receive compensation.
This follows months of legal proceedings and a settlement reached with the aged care provider, Anglicare Sydney. The payout is a result of the significant failures uncovered during the outbreak, which led to the deaths of 19 residents and left many others critically ill.
Between April and June 2020, the virus spread rapidly through the facility, which left the residents vulnerable due to severe mismanagement.
The families of the victims have fought for justice, and their efforts have now resulted in a legal settlement. This settlement was officially approved by Justice Peter Garling of the NSW Supreme Court in November after a class action lawsuit brought by the affected families.
Justice Garling, after reviewing the settlement, stated that the agreement was “manifestly in the interests of the plaintiff and the group members.”
He further expressed satisfaction that the settlement was “fair and reasonable,” though the exact payout amount remains confidential.
The case involves the families of 22 eligible individuals, all of whom will receive compensation for their pain and suffering.
One individual is awaiting a psychiatric assessment, with a report expected to determine if they qualify for compensation. Class action barrister Michael Tanevski confirmed that 19 of the 22 eligible people had passed away due to the outbreak, while others are suffering psychological distress linked to the tragedy.
Nicole Jagodzinski, the granddaughter of one of the victims, Ann Fahey, who died after contracting the virus at Newmarch, shared her grief. “I will always feel that nan was robbed of a few more years on this earth because of the pandemic,” she said.
“The settlement is a necessary acknowledgment of what we have endured as a family, as a result of losing her through tragic circumstances.”
However, not all registered individuals will receive compensation. Three individuals from the class action will be excluded because they do not have a psychiatric condition connected to the COVID-19 outbreak. Before any payments are made, proof of a recognized psychiatric illness caused by the death of a loved one or by Anglicare’s alleged negligence is required.
The settlement follows the release of a coroner’s report in January that revealed serious lapses in leadership and operational failures at Newmarch House.
According to the findings by NSW deputy state coroner Derek Lee, the lack of timely COVID testing contributed to unnecessary deaths.
In addition, residents were left without essential care, including food, medication, and water, during the outbreak. The report also highlighted the lack of leadership, with senior executives almost completely absent from the facility during this critical time.
Anglicare’s chief executive, Simon Miller, apologized for the distress caused by the outbreak. “We are sorry for the stress experienced, for the loss of life during the COVID-19 outbreak in Newmarch House for the residents, their families, and their loved ones,” he said.
“There have been many improvements since that time — much has changed in the way COVID is managed, not just at Anglicare but right across the aged-care sector.”
The settlement is a long-awaited acknowledgment of the suffering caused by the COVID-19 crisis at Newmarch House, and while it cannot bring back the loved ones lost, it offers some form of recognition and compensation to the families who endured so much.