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Illinois VA sued by estate of Korean War vet who died in coronavirus outbreak at state home in LaSalle

Chicago Tribune - 4/14/2021

The Illinois Department of Veterans’ Affairs is facing a $2 million wrongful death lawsuit filed by the estate of one of 36 residents who died at the state-run veterans home in LaSalle during a fall coronavirus outbreak.

The lawsuit, the first tied to the deadly outbreak in LaSalle, was filed April 5 in the Illinois Court of Claims by the estate of Richard Cieski, a 90-year-old Korean War veteran who died Nov. 15 — 10 days after his family was notified that he tested positive for the coronavirus and two days after officials from the state Department of Public Health and the U.S. Department of Veterans Affairs inspected the facility.

Officials identified a number of lapses during that visit, including wall-mounted dispensers filled with an alcohol-free hand sanitizer that has been found ineffective against the new coronavirus and staff members who were not following proper sanitation and social distancing procedures. The inspection also documented improper use of personal protective equipment.

The lawsuit alleges that the appropriate measures to prevent the spread of COVID-19 were well-known by the time the outbreak in LaSalle began at the start of November.

“Richard Cieski’s death could have been avoided had LaSalle taken appropriate precautions,” Michael Bonamarte, an attorney for his estate, said in a statement.

The state Department of Veterans’ Affairs declined to comment on the lawsuit.

“We are deeply saddened by the deaths of our residents due to the COVID-19 pandemic, and our hearts are with their families,” spokeswoman Meghan Powers said in a statement.

The outbreak tore through the LaSalle veterans home at an alarming rate after one resident who was sent to the hospital for another reason tested positive on Oct. 31. By the time of Cieski’s death in mid-November, 93 residents had tested positive and 12 others had died, according to state data released to the Chicago Tribune last year.

In all, 109 residents and 116 staff members tested positive in LaSalle. There hasn’t been a new case reported at the home since early March.

There also have been 27 coronavirus-related deaths at the state veterans home in Quincy and 19 at the home in Manteno.

The LaSalle outbreak led to the firing of the home’s administrator and the resignation of former Democratic state Rep. Linda Chapa LaVia as director of the Department of Veterans’ Affairs. An investigation by the inspector general’s office is ongoing.

The Court of Claims, where the lawsuit was filed, is a venue for legal actions seeking damages from the state. Last year, the attorney general’s office reached a $6.4 million settlement with families whose loved ones died from Legionnaires’ disease at the Quincy home.

In the wake of the Legionnaires’ outbreaks, in which 14 veterans have died since 2015, state lawmakers in 2018 raised the limit on damages paid by the Court of Claims to $2 million from $100,000, overriding a veto from then-Gov. Bruce Rauner.

dpetrella@chicagotribune.com

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