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‘We’re Just Horrified’: Why a Springsteen Sideman Took On Nursing Homes | ‘We’re Just Horrified’: Why a Springsteen Sideman Took On Nursing Homes |
(32 minutes later) | |
When the coronavirus outbreak was only manifesting itself in horrifying headlines from Italy and China, Nils Lofgren, the guitarist for Bruce Springsteen’s E Street Band, and his wife, Amy, moved her mother into Brookdale Senior Living, a well-regarded long term care facility in Florham Park, N.J. | When the coronavirus outbreak was only manifesting itself in horrifying headlines from Italy and China, Nils Lofgren, the guitarist for Bruce Springsteen’s E Street Band, and his wife, Amy, moved her mother into Brookdale Senior Living, a well-regarded long term care facility in Florham Park, N.J. |
Almost immediately, Patricia J. Landers, Mrs. Lofgren’s mother, began complaining about missing medications and lapses in supervision. The family began to notice a pattern of neglect, particularly in treating her dementia. Then, in early April, Mrs. Landers, 83, was discovered by local police officers walking aimlessly on a frigid night, three miles away from Brookdale, shivering, bruised and confused. It was her fourth escape from the facility since she arrived in January. | Almost immediately, Patricia J. Landers, Mrs. Lofgren’s mother, began complaining about missing medications and lapses in supervision. The family began to notice a pattern of neglect, particularly in treating her dementia. Then, in early April, Mrs. Landers, 83, was discovered by local police officers walking aimlessly on a frigid night, three miles away from Brookdale, shivering, bruised and confused. It was her fourth escape from the facility since she arrived in January. |
A week later, Mrs. Landers was admitted to a hospital in Montclair, where she tested positive for Covid-19. | A week later, Mrs. Landers was admitted to a hospital in Montclair, where she tested positive for Covid-19. |
Incensed and feeling betrayed, the Lofgrens began to explore legal options when they ran into a troubling trend: Lobbyists from nursing homes across the country were pushing for immunity protection from lawsuits during the coronavirus crisis. | Incensed and feeling betrayed, the Lofgrens began to explore legal options when they ran into a troubling trend: Lobbyists from nursing homes across the country were pushing for immunity protection from lawsuits during the coronavirus crisis. |
“It’s a pledge they made, a sacred pledge, to take care of your father, your mother, your grandparents, and they put it in writing, by the way, and now they don’t want to have any responsibilities because, why, it’s too hard?” Mr. Lofgren said. The family accelerated their efforts and filed a lawsuit against Brookdale on Wednesday. | “It’s a pledge they made, a sacred pledge, to take care of your father, your mother, your grandparents, and they put it in writing, by the way, and now they don’t want to have any responsibilities because, why, it’s too hard?” Mr. Lofgren said. The family accelerated their efforts and filed a lawsuit against Brookdale on Wednesday. |
“We’re just horrified that people’s first reaction is, ‘Well we’re making a lot of money, but now let’s make sure we’re not liable for what we promised to do, in writing,’” Mr. Lofgren said. “Don’t forget, they look you in the eye and say your loved one will be cared for.” | “We’re just horrified that people’s first reaction is, ‘Well we’re making a lot of money, but now let’s make sure we’re not liable for what we promised to do, in writing,’” Mr. Lofgren said. “Don’t forget, they look you in the eye and say your loved one will be cared for.” |
In a statement, a spokeswoman for Brookdale declined to discuss Mrs. Landers’s case specifically. | In a statement, a spokeswoman for Brookdale declined to discuss Mrs. Landers’s case specifically. |
“As a matter of company policy, Brookdale does not comment on or get ahead of ongoing legal proceedings,” said Heather Hunter, a public relations manager for the company. “I will say that we work hard to maintain an open and constructive dialogue with families about their loved one and the best way that we can work together to help each resident live their best life in their community.” | “As a matter of company policy, Brookdale does not comment on or get ahead of ongoing legal proceedings,” said Heather Hunter, a public relations manager for the company. “I will say that we work hard to maintain an open and constructive dialogue with families about their loved one and the best way that we can work together to help each resident live their best life in their community.” |
Brookdale in Florham Park has, as of Wednesday, only 10 reported cases of coronavirus at the facility, according to the New Jersey Department of Health. No one at the facility has died from the virus. After her original diagnosis, Ms. Landers is now recovering from Covid-19. | Brookdale in Florham Park has, as of Wednesday, only 10 reported cases of coronavirus at the facility, according to the New Jersey Department of Health. No one at the facility has died from the virus. After her original diagnosis, Ms. Landers is now recovering from Covid-19. |
As nursing homes around the country have been ravaged by the coronavirus pandemic, killing more than 29,100 residents and staff members as of Wednesday, facilities have been scrambling to protect themselves from lawsuits. | As nursing homes around the country have been ravaged by the coronavirus pandemic, killing more than 29,100 residents and staff members as of Wednesday, facilities have been scrambling to protect themselves from lawsuits. |
In April, New Jersey’s governor, Philip D. Murphy, signed a law that “provides civil and criminal immunity to certain health care professionals and health care facilities during public health emergency and state of emergency.” The intent of the law was to protect health care workers coming out of retirement or shipping in from other states from lawsuits as they dealt with the unknowns of the virus. The governor’s office said that the law would indeed cover nursing homes for coronavirus cases, though not in instances of gross negligence or fraud. | In April, New Jersey’s governor, Philip D. Murphy, signed a law that “provides civil and criminal immunity to certain health care professionals and health care facilities during public health emergency and state of emergency.” The intent of the law was to protect health care workers coming out of retirement or shipping in from other states from lawsuits as they dealt with the unknowns of the virus. The governor’s office said that the law would indeed cover nursing homes for coronavirus cases, though not in instances of gross negligence or fraud. |
Even in the face of the New Jersey law, Mr. Lofgren and his family were determined to take action, knowing that his status in New Jersey as a guitarist for the state’s pre-eminent hero would call attention to the issue. | Even in the face of the New Jersey law, Mr. Lofgren and his family were determined to take action, knowing that his status in New Jersey as a guitarist for the state’s pre-eminent hero would call attention to the issue. |
“We think that this is going to be just the tip of the iceberg, and the care provided to the senior citizens and parents and grandparents over the past weeks has been nothing short, in the majority of cases, of grossly negligent,” said Andrew Miltenberg, the lawyer for the Lofgrens. “And the industry as a whole, its response has been to push for immunity.” | “We think that this is going to be just the tip of the iceberg, and the care provided to the senior citizens and parents and grandparents over the past weeks has been nothing short, in the majority of cases, of grossly negligent,” said Andrew Miltenberg, the lawyer for the Lofgrens. “And the industry as a whole, its response has been to push for immunity.” |
The lawsuit describes the ordeal as “every child’s worst nightmare” and follows a familiar path of confusing information and radio silence as nursing homes were quickly overrun by the virus. The family accuses the facility of negligence, fraud, deceptive trade practices and a violation of a New Jersey state law that protects the rights of nursing home residents. | The lawsuit describes the ordeal as “every child’s worst nightmare” and follows a familiar path of confusing information and radio silence as nursing homes were quickly overrun by the virus. The family accuses the facility of negligence, fraud, deceptive trade practices and a violation of a New Jersey state law that protects the rights of nursing home residents. |
Though New Jersey recently signed the law protecting health care facilities, Mr. Miltenberg is confident they still have a case. | Though New Jersey recently signed the law protecting health care facilities, Mr. Miltenberg is confident they still have a case. |
Updated June 12, 2020 | Updated June 12, 2020 |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. | Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home. |
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
For Mr. Lofgren, the battle extends beyond his family. | For Mr. Lofgren, the battle extends beyond his family. |
“This is not to take the light off what has been a very demoralizing, tragic story for my mother-in-law that’s still being written,” Mr. Lofgren said. “Shining a light on this problem is important.” | “This is not to take the light off what has been a very demoralizing, tragic story for my mother-in-law that’s still being written,” Mr. Lofgren said. “Shining a light on this problem is important.” |
Mr. Lofgren, who is also a member of Neil Young’s band Crazy Horse, said he knew he was fortunate to even be in a position to have a lawyer who can help them bring a case in New Jersey, especially when the law surrounding the coronavirus outbreak is challenging and confusing. | Mr. Lofgren, who is also a member of Neil Young’s band Crazy Horse, said he knew he was fortunate to even be in a position to have a lawyer who can help them bring a case in New Jersey, especially when the law surrounding the coronavirus outbreak is challenging and confusing. |
“It’s a nightmare because 99 percent of most people can’t even afford a lawyer,” he said. “And they just take it, and their families are decimated by it.” | “It’s a nightmare because 99 percent of most people can’t even afford a lawyer,” he said. “And they just take it, and their families are decimated by it.” |
After she left the hospital, Ms. Landers moved to a different facility, Care One, in Livingston, N.J. But the family remains shaken. | After she left the hospital, Ms. Landers moved to a different facility, Care One, in Livingston, N.J. But the family remains shaken. |
“It’s unconscionable and immoral and disgusting,” Mr. Lofgren said. “It’s like their true colors are coming out, and I hope we can hold them accountable.” | “It’s unconscionable and immoral and disgusting,” Mr. Lofgren said. “It’s like their true colors are coming out, and I hope we can hold them accountable.” |