Wrongful Death Claims Are Piling Up Due To COVID-19

April 27, 2020 / 11:25 am

The coronavirus pandemic has raged across Florida and the United States. Despite the fact that many places around the country are beginning to reopen, the death toll continues to rise. As of this writing, there have been more than 60,000 total COVID-19 deaths in the United States. Unfortunately, many of these deaths have occurred to the most vulnerable population in our society – those inside nursing homes.

Wrongful death claims are beginning to mount

The first major outbreak of coronavirus deaths in the United States happened at Life Care Center, a nursing home in a Seattle suburb. Now, a woman whose mother died due to COVID-19 at that nursing home has filed a wrongful death lawsuit against the company that owns the facility. Debbie de Los Angeles says that her mother, Twilla Morin, 85, died at the facility on March 4. The lawsuit claims that senior executives at the facility “failed to disclose material facts” to relatives and residents at the home. The complaint goes on to say that the facility knew about a respiratory outbreak in February, but delayed notifying officials.

Other wrongful death claims are being filed in various parts of the country. In Kansas City, a wrongful death claim has been filed against Riverbend Post Acute Rehabilitation, a facility that has seen 27 deaths related to COVID-19. The lawsuit states that officials at the facility did not take steps to properly keep COVID-19 from entering or spreading in its facility.

These claims are amongst the first of what will likely be hundreds of wrongful death claims filed against long-term care facilities that allegedly did not take appropriate steps to keep residents and employees safe during the pandemic.

Why are nursing homes so severely affected?

According to the US Centers for Disease Control and Prevention (CDC), those most at risk of becoming seriously ill or dying due to COVID-19 include:

  • those who are 65 years of age or older
  • those who have chronic health conditions such as heart disease, lung diseases, diabetes, and weakened immune systems

Unfortunately, many residents in nursing homes have a combination of those issues, making them particularly susceptible to the virus.

Contact an experienced attorney as soon as possible

We thoroughly understand that this is a difficult time for so many people. We also know that not all COVID-19 deaths in nursing homes are the result of wrongful acts. However, if your loved one died in a nursing home as a result of complications due to COVID-19, you may need to speak to an attorney.

If your loved one’s death was caused by the result of the negligence of nursing home staff or the owners of the facility, you may be entitled to compensation through a wrongful death claim. At Colson Hicks Eidson, you can count on our award-winning team to thoroughly investigate what happened in your case and determine whether or not a lawsuit will be appropriate. When you need a nursing home wrongful death attorney in Florida or throughout the US, you can contact us for a free consultation by clicking here or by calling us at 305-476-7400.

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Colson Hicks Eidson has been named to the 2027 edition of “Best Law Firms” by Best Lawyers®, recognized at both the national and regional levels. Twelve of the firm’s attorneys were also named to the 2027 edition of Best Lawyers across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. 

We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that the Miami-Dade Bar has named partners Stephanie A. Casey and Thomas A. Kroeger 2026 Circle of Excellence Award honorees. Stephanie was recognized in the Civil Litigation category and Tom in the Appellate category.

Both were selected for exemplifying skill, integrity, and professionalism in their respective practice areas, with honorees chosen by a committee of past recipients following input from the local legal community.

Stephanie has more than 15 years of experience handling complex civil litigation and class actions in state and federal courts, on both the plaintiff and defense sides. She represents businesses, injured consumers, whistleblowers, and individuals improperly denied health benefits.

Tom’s practice focuses on complex civil litigation and appellate matters, including personal injury, wrongful death, medical negligence, product liability, and other complex disputes. He has argued appeals before state and federal appellate courts, including the Eleventh and Eighth Circuit Courts of Appeals.

They will be honored at the Miami-Dade Bar’s Annual Awards Ceremony on November 18 at the Biltmore Hotel in Coral Gables. Register here. 

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that all of our partners have been named to the 2027 Lawdragon 500 Leading Litigators in America guide. Congratulations to Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas A. Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate their work and the exceptional litigation talent across our firm. This recognition reflects their dedication to excellence in advocacy, meaningful contributions to complex litigation matters, and continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has secured key rulings on behalf of the family of Cristian Fernandez in a wrongful death lawsuit arising from a 2023 collision between a Fisher Island ferry and a recreational vessel in Miami’s Government Cut.

During a September 1 hearing, Eleventh Judicial Circuit Judge Abby Cynamon granted the estate’s motion for partial summary judgment, finding that the defendant was operating and in control of the recreational vessel when it collided with a Fisher Island ferry. Cristian, a 27-year-old passenger aboard the recreational vessel, tragically lost his life in the collision.

The court also denied the defendants’ motion for partial summary judgment regarding the ferry, finding that the evidence concerning any alleged navigational rule violations was disputed.

Colson Hicks Eidson partner Thomas A. Kroeger argued the motions on behalf of Cristian Fernandez’s estate. Tom and partner Julie Braman Kane represent the Fernandez family in the litigation.

Colson Hicks Eidson is proud to continue representing the Fernandez family in seeking justice for Cristian.

Media coverage includes:

Law360 – Boater Was In Control In Fatal Ferry Crash, Fla. Judge Rules

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson attorneys, Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Thomas Kroeger, Roberto Martinez, and Curtis Miner, who have been recognized in the 2027 edition of The Best Lawyers in America®.

And congratulations to Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh, who are each recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Susan Carlson

  • Personal Injury Litigation – Plaintiffs

Stephanie A. Casey

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants
  • Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Joseph J. Kalbac Jr. – “Lawyer of the Year”

  • Commercial Litigation
  • Insurance Law
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Julie Braman Kane

  • Commercial Litigation
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Thomas Kroeger

  • Personal Injury Litigation – Plaintiffs

Roberto Martínez

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar

Curtis Miner 

  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

  • Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that nine of our partners have been named to the 2026 Lawdragon 500 Leading Global Litigators guide. Congratulations to Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate the outstanding work of our partners and the exceptional litigation talent across our firm. This recognition reflects their unwavering dedication to achieving outstanding results for clients and their continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.