Two more wrongful death lawsuits filed against Bria of Geneva

GENEVA – Two more wrongful death lawsuits were filed in Kane County today against Bria of Geneva, alleging that the nursing home’s “willful and wanton misconduct” during the COVID-19 pandemic caused the deaths of Jack P. DeFrancesco and Rose H. Doneske, both formerly of St. Charles.

These are the third and fourth lawsuits filed by Michael Lenert of Meyers and Flowers in St. Charles on behalf of families of residents at Bria of Geneva, 1101 E. State St., Geneva.

Each lawsuit seeks a jury trial and more than $50,000 in damages.

DeFrancesco’s health deteriorated from about March 27 to April 19, when he was transferred to Northwestern Medicine Delnor Hospital in Geneva, where he later died on April 26 at age 90, the lawsuit stated.

The hospital told his family that he was severely dehydrated, had a kidney infection, and was COVID-positive, the lawsuit stated.

“Despite Jack’s symptoms and the facility’s assumption he was COVID-positive, he was not isolated prior to his transfer to Delnor Community Hospital,” the lawsuit stated. “Bria of Geneva failed to inform Jack’s family that he was gravely ill due to a COVID-19 infection contracted at the facility.”

The lawsuit was filed on behalf of Frances G. DeFrancesco, Jack DeFrancesco’s widow, according to the lawsuit.

Doneske, 90, died on April 28 at Bria of Geneva.

According to the lawsuit, from about March 27, through April 17, Doneske’s overall health rapidly deteriorated at Bria of Geneva and she was transferred to Northwestern Medicine Delnor Hospital on or around April 17.

Upon her admission to Delnor, Doneske’s family was told that she had a high fever, low blood oxygen levels and was COVID-positive, the lawsuit stated.

Despite Doneske’s symptoms and Bria of Geneva’s assumption she was COVID-positive, she had not been isolated prior to her transfer to Delnor, the lawsuit stated.

On or around April 24, Doneske was transferred back to Bria of Geneva from Delnor with no fever and improved blood oxygen levels, the lawsuit stated.

From then through the date of her death on April 28, Doneske’s overall health once again rapidly deteriorated as she struggled to breathe and was unable to eat or toilet on her own, the lawsuit stated.

The lawsuit was filed on behalf of her son, Mark R. Doneske, according to court papers.

Both these and the first two lawsuits, on behalf of Helen Osucha and Lucille James, all allege that, among other things, Bria of Geneva failed to ensure adequate supplies of personal protection equipment to staff; failed to take infection control and prevention policies; failed to screen residents and staff for symptoms of the virus; did not place residents suspected of having coronavirus in isolation; and through its negligence, led to their deaths.

A comment from Bria of Geneva was not immediately available regarding these latest two lawsuits.

However, for the first and second lawsuit, a spokesperson for Bria of Geneva stated in an email that the facility had followed guidance from public health departments as they continuously evolved and as more information about the coronavirus became known.

“Because testing was not immediately accessible, the high number of asymptomatic carriers among residents and staff created a silent enemy impossible to detect and difficult to defeat,” according to the statement.

“These form the backdrop of why the State of Illinois has granted immunity to healthcare providers for injuries stemming from the diagnoses, transmission and treatment of COVID-19,” according to the statement. “We remain committed to providing compassionate care to our residents, and as of Monday more than 50 residents and 33 staff have now recovered from the virus or remain asymptomatic after testing positive.”

With 24 deaths as of May 22, the Illinois Department of Public Health listed Bria of Geneva as the nursing home with the highest number of COVID-19 deaths in Kane County. The Kane County Coroner lists 26 deaths, which includes those who lived at Bria and later died in a hospital.