COVID-19 Nursing Homes Weekly Updates

Despite our best efforts to “flatten the curve” of the coronavirus spread, the infection has resulted in a worldwide pandemic. In the United States alone, the Centers for Disease Control and Prevention (CDC) reports over 2.1 million people infected with COVID-19. Unfortunately, nursing home residents are already at a higher risk of the spread of respiratory infection and disease, and COVID-19 is particularly contagious.

As part of Pintas & Mullins Law Firm’s commitment to providing personal injury victims with the best possible safety, prevention, and legal assistance, we will update this blog post weekly. With up-to-date information on the latest recommendations, we can help stop the coronavirus spread and reduce the impact of the impending second wave.

Coming Out of Quarantine

NBC News offers a complete timeline of the COVID-19 pandemic, from its start in the Chinese city of Wuhan. One of the most notable elements in the timeline of the novel coronavirus is the lifting of lockdown and quarantine restrictions in mid-May 2020. After virtually shutting down all non-essential jobs, asking people to stay in their homes, and closing public gathering areas, states began to “re-open,” starting with store reopenings in Maine on May 8th.

The plan is to gradually ease protective restrictions while still maintaining many of the social distancing practices that have been put into place across the country. These include:

• Wearing personal protective equipment, such as masks over the mouth and nose
• Keeping at least six feet apart from other people
• Washing hands thoroughly with soap and water

Even with these rules in place, epidemiologists anticipate a second wave of the virus later this year. According to computer models run by experts at the Institute of Health Metrics and Evaluation (IHME), the United States should experience this second spike in coronavirus cases around September 15th.

Why Nursing Homes Are High-Risk

Nursing homes are a hotbed for COVID-19 infection due to a variety of factors. Sadly, the elderly and immuno-compromised are particularly susceptible to coronavirus, so the prevalence of the disease in nursing homes can cause significant damage. Data compiled by the Centers for Disease Control and Prevention (CDC) and the Centers for Medicare and Medicaid Services (CMS) make this problem explicit:

• 95,515 confirmed cases of nursing home residents nationwide contracting COVID-19
• 31,782 confirmed deaths due to COVID-19 (nearly a third of all confirmed cases)
• Almost 60,000 suspected cases of the illness

These numbers are staggering, mainly because the U.S. total death toll (as of June 17th) is 116,140. Nearly a third of those deaths represent residents in nursing homes. So why are nursing home residents at such a high risk? There are a few reasons.

Close Proximity

Many nursing homes are packed with residents, which means that these residents must live close to each other. Viruses like COVID-19 are easily transmitted among a population that mainly stays in one location. This phenomenon is often mirrored in the home. For example, a young child might bring a virus back from school, infecting the entire family. Nursing homes can function in much the same way, as the virus passes from person to person, carried into the residency by visitors or medical staff.

Weakened Immune Systems

Another common issue that makes nursing homes high-risk for coronavirus outbreaks is that residents of nursing homes often struggle with chronic illnesses. Many of these illnesses already affect the respiratory system, which is the primary target of COVID-19. When the immune system is already struggling to combat various chronic diseases, it is less able to prevent new viruses like COVID-19 from attacking a person’s body.

Understaffing

According to the Nursing Home Abuse Guide, about 90% of nursing homes are understaffed. While nurses and doctors do what they can to help residents and meet their needs, lack of staff means that each resident’s time is greatly diminished. It also means a higher number of residents served by the same nurse or doctor. If that nurse or doctor (who travels in and out of the nursing home) carries COVID-19, they can transfer the virus to other residents.

CDC Recommendations for Nursing Homes

Nursing homes are long-term care facilities. It is not feasible to shut them down during a pandemic, as many residents have nowhere else to go. Some may have no living family members, while others’ families may lack the ability and know-how to care for their relatives at home properly. So what is to be done?

The Centers for Disease Control and Prevention has listed its recommendations on preparing for COVID-19 in nursing homes. With the implementation of these protocols, the spread of coronavirus among nursing home residents can be contained, treated, and kept under control.

• Have at least one person trained in infection prevention and control (IPC)
• Report infection cases to the National Healthcare Safety Network (NHSN) Long-term Care Facility (LTCF) COVID-19 Module
• Inform visitors, staff, and residents of new COVID-19 procedures and risks
• Enforce the wearing of masks among residents, staff, and visitors (if allowed entrance), excepting unconscious residents or residents with respiratory issues
• Encourage alternative visitation methods like teleconferencing
• Develop a COVID-19 testing plan
• Extend non-punitive sick leave policies for staff
• Develop a plan for accepting new residents, including testing procedures

Statistics from FREOPP

The risk posed to people who live in nursing homes by COVID-19 is huge. New reports from the Foundation for Research on Equal Opportunity (FREOPP) show just how severe the matter is. Some essential points are listed below.

People in Nursing Homes Are Affected Worse Than Others

About 0.2% of Americans live in nursing homes or assisted living centers. However, they account for around 43% of all deaths related to COVID-19. Some estimates list residents of nursing homes as more than half of all U.S. COVID-19 deaths.

Older Adults Account for Most Cases

In other startling reports, FREOPP says that patients aged 65 or older account for more than 80% of all COVID-19 deaths. As states continue to “reopen,” the elderly are particularly at risk for infection and serious injury.

Effects of COVID-19

Even in “less serious” cases of the virus, symptoms can be devastating. The Mayo Clinic lists many common symptoms related to COVID-19:

• Trouble breathing
• Cough
• Fever
• Tiredness
• Aches
• Lack of taste or smell

If you live in a nursing home, you may also show other symptoms like blue lips from lack of breath, lots of sleeping, pains in your chest, and even confusion. Sadly, COVID-19 also causes problems with chronic illnesses, which many people in nursing homes have. You may suffer heart problems and blood clots or get sick from other viruses while you are weak from COVID-19.

Nursing Home Lawsuit News

If you get COVID-19 in a nursing home, it might be due to weak safety measures or a lack of staff training. In that case, you may want to file a lawsuit. However, as the Washington Post reports, both state and federal governments have considered legislation that makes it harder than usual to sue a nursing home.

This makes it even more difficult for you to get justice. Nursing home abuse and medical malpractice are already difficult cases that should not be pursued without a lawyer.

COVID-19 in Nursing Homes: Death Toll Crosses 50,000

Aging parents. Limited resources. The need for better care and constant medical attention. Companionship.

There are many reasons why families approach nursing homes for care and support. About 1.4 million Americans depend on nursing homes for their care. Unfortunately, nursing homes are being ravaged by the COVID-19 pandemic in the U.S., and the number of deaths has skyrocketed.

Recently, the COVID-19 death toll at nursing homes crossed 50,000. There are more than 250,000 residents and staffers at nursing homes who have been infected by the coronavirus.

Research shows that buildings that house and care for seniors are linked to more than 40% of the deaths because of the coronavirus pandemic.

Insufficient Resources and Conditions of Neglect

Even in the best of times, nursing homes are particularly susceptible to disease outbreaks because they have an aging population, with a number of underlying conditions, housed in very close quarters.

It’s no surprise that the highly contagious novel coronavirus has been spreading with such rapidity.  According to the Centers for Disease Control and Prevention (CDC), “nursing home populations are at high risk of being affected by respiratory pathogens like COVID-19 and other pathogens, including multidrug-resistant organisms.”

Poor planning and management have caused infections and fatalities at nursing homes to skyrocket:

• Some nursing homes have been cited multiple times for failing to take measures to prevent the spread of coronavirus. In some cases, in spite of passing the IDPH inspection, temporary restraining orders are in place for these facilities.
• Workers at homes have been reported to not even be wearing personal protective equipment.
• Testing for coronavirus has remained low across the board, even though governors have ordered universal testing in multiple states.
• General negligence and abuse also result in poor health conditions.

Even if one case of COVID-19 is found in a nursing home, residents and their families must be informed. Individual facilities have been ordered to disclose confirmed COVID-19 cases and deaths in nursing homes to the CDC and make the information public. Unfortunately, these directions are not being followed.

The CDC website has a comprehensive set of guidelines for nursing homes to follow during the COVID-19 pandemic. These include guidelines for prevention of infection, how to conduct facility-wide COVID-19 testing, what to do if a patient tests positive, and additional resources for nursing homes with mental care units.

Even with this framework in place, nursing homes are somehow not able to slow the spread of coronavirus. Negligence in nursing homes has been a persistent problem and is even more concerning as the COVID-19 pandemic spreads through nursing homes at a faster rate than it does through the general community.

Nursing Home Negligence Is Common

Even though many families look to nursing homes to help take care of elderly loved ones, negligence and abuse are widespread in these homes.

Common problems seen in nursing homes include:

• Bedsores
• Fractures
• Emotional abuse
• Falls
• Malnutrition
• Medication errors
• Sexual abuse
• Death

Elderly people who are abused have a 300% higher risk of death than those who aren’t. This makes it even more important to protect our elderly populations, especially during a public health crisis.

What You Can Do

This is a stressful time for anyone with a loved one in a nursing home. As states begin to ease lockdowns, nursing homes are weighing the risks and allowing some in-person visits.

This will allow us to see our loved ones and their nursing home in person. If you suspect any negligence or lack of care and precaution, ensure that you take the required steps to keep your loved one safe.

A clear line of communication with your loved one is critical during this pandemic. Try to check in with them regularly via video or phone, even if an in-person visit is still not allowed in their nursing home.

We Can Help

As nursing homes struggle to cope with the coronavirus crisis, many residents are falling sick in record numbers, and many others are being neglected. You might be wondering about what legal steps you can take to ensure the safety of your loved ones in a nursing home.

Our firm handles nursing home cases nationwide and can help you deal with any suspected negligence or abuse at your loved one’s nursing home. Our lawyers are here for you 24/7, and we’re honored to continue serving you as always during the COVID-19 pandemic. Reach out to us at (800) 842-6336 for a free consultation.

New Testing Guidelines Rolled Out

On June 13, the Centers for Disease Control and Prevention (CDC) introduced new testing guidelines for nursing homes to help slow the spread of COVID-19. It seems that nursing home deaths and total cases of the virus are on the rise, so it is best to ensure that the nursing home where your loved one lives is following these tips. Some of the changes are listed below.

Suggestions for Workers

The CDC recommends taking nursing home workers’ temperatures before the start of every shift. If they show signs of fever or other COVID-19 symptoms, they should be tested promptly and excused from work until the test results come in.

Rapid Testing

Nursing homes should aim to test all residents for COVID-19. When able, testers should try to complete the tests within 48 hours so that nursing homes can take proper steps to ensure residents’ safety.

Single Tests

Another update is that the CDC does not recommend testing the same person more than once within 24 hours.

Extra Tests

Also, nursing homes should test residents who show signs of COVID-19 for similar viruses that may cause those symptoms. For example, they should check for the flu.

Nursing Home Inspections Have Been Inadequate

Even as nursing homes struggle in the COVID-19 pandemic, only a little more than half of the country’s nursing homes were inspected to see if staff were following proper precautionary measures to halt the spread of coronavirus, according to a recent article by Politico.

A Politico survey unearthed several causes for this lack of oversight.

• Many states opted to provide personal protective (PPE) equipment to health workers instead of giving them to inspectors. This delayed in-person checks.
• Some states opted to conduct remote assessments, interviewing people via phone and reviewing documents. Experts believe this is inadequate. It means that inspectors are trusting providers to be honest about taking precautions during the pandemic rather than seeing the facility and noting any lapses for themselves.

The Centers for Medicare and Medicaid Services directed state agencies to inspect facilities for infection control practices, such as whether staff wash their hands or wear PPE while taking care of multiple patients. This was done in place of the annual routine inspections stopped by the Trump administration in March.

Infection control surveys released by the government only noted deficiencies in less than 3% of the surveys. A report released by nonprofit patient activist group Center for Medicare Advocacy said they do not believe that these surveys “accurately portray the extent of infection control deficiencies in U.S. nursing facilities.” This is especially true given the rapid spread of coronavirus in nursing homes.

The lack of in-person checks during the pandemic has prevented state authorities from checking for issues that might have quickened the spread of COVID-19. For example, family members couldn’t visit their loved ones, removing another mechanism to observe neglect.

Some States Fared Better

States like Pennsylvania, Idaho, and New Jersey blamed a lack of PPE as a roadblock to finishing their inspections. However, other states with severe coronavirus outbreaks in their nursing homes completed nearly all of their inspections regardless of PPE shortages.

Washington, where the Kirkland Life Care Center was a major epicenter for the spread of coronavirus, completed 99% of its inspections. Michigan, which reported nearly 2,000 deaths in nursing homes, completed nearly 85% of its inspections.

States like West Virginia and Maryland were woefully behind, with only 11.4% and 16.4% of facilities inspected by the end of May.

This has led many to question the explanation offered by states for lagging behind. Medicare and Medicaid administrator Seema Verma has directed states to complete inspection checks by July 31, threatening to cut federal recovery funds if they fail to comply.

Scientists Warn of Airborne Spread

Previously, the World Health Organization has downplayed the spread of novel coronavirus by airborne means. However, recent reports from the broader medical and scientific community are raising alarms. On July 7th, the WHO announced that it would begin looking into the possible airborne spread of COVID-19.

Until now, mist-like droplets in our breath were considered the primary way for the virus to infect others. However, TIME reports that 239 scientists signed a letter in Clinical Infectious Diseases warning that medical authorities are not paying enough attention to the possibility that COVID-19 can linger in the air. One of the signatories, Professor Linsey Marr from Virginia Tech, compared the viral spread to cigarette smoke. Just as the smoke initially stays near the smoker and then disperses throughout the area, so too could the virus.

What This Means for Nursing Homes

In some ways, this news should not change much in the operation of nursing homes. The wearing of personal protective equipment (PPE), particularly masks, is a cautionary measure to prevent the virus from dispersing through the air. However, the WHO and the Centers for Disease Control and Prevention (CDC), among other world health leaders, may announce additional measures to help decrease the spread of COVID-19. Check back here for more information weekly.

New Heat Map of COVID-19 in Nursing Homes Released

By gathering publicly available information released by various states, and by compiling data from its members, the Society for Post-Acute and Long-Term Care Medicine has created a coronavirus heat map of the United States. The map displays the hot spots for COVID-19 spread in nursing homes and long-term care facilities across the nation. Notably, the map is incomplete, as the following states have not made their collected data public: Arizona, North Carolina, Texas, New Hampshire, Wisconsin, Utah, Idaho, New Mexico, Missouri, Hawaii, and Arkansas. Also, New York has not released a comprehensive report of nursing home fatalities due to COVID-19, so the data for that state is also incomplete.

However, this new heat map should give you an idea of your loved one’s risk based on their location. In the following weeks, the Centers for Disease Control and Prevention (CDC) is set to release the data it has collected from states. Once this happens, the heat map will be updated and will be more accurate.

Personal Protective Equipment and the Heat Map

The Society’s heat map is a good way to judge the allocation of PPE (personal protective equipment). If your loved one lives in a facility located in a particularly “hot” state, you should expect their nursing home to engage in more rigorous protective measures. The failure of caregivers to wear masks or gloves while interacting with patients can be a sign of severe nursing home negligence that may warrant a lawsuit.

The White House Resumes Coronavirus Briefings

President Donald J. Trump announced that the White House would begin hosting meetings of a coronavirus task force, starting Tuesday, July 21, according to the Washington Post. While the move suggests that the country’s leadership is taking COVID-19 more seriously, the news may be too little, too late. Plus, Director of the National Institute for Allergy and Infectious Diseases Dr. Anthony Fauci was not invited to the meeting.

Other worrisome data from the Centers for Disease Control and Prevention suggests that the United States may have up to 10 times as many cases of COVID-19 as previously reported.

Already, the CDC’s data on cases in the US is not promising. Though the past week has seen a slight decrease in the rate of new daily cases, the trend is still on the upswing with no sign of truly slowing. Check back here weekly for more updates on how the administration is planning to handle the coronavirus pandemic.

Experts Urge More Restrictions Among Nursing Homes

The CDC, while recognizing that each nursing home or long-term care facility will have to make its own decisions about restrictions, still says that the best situation to ensure the health of residents includes:

• Residents restricted from entering other residents’ rooms
• All personnel correctly wearing face masks
• Communal areas closed
• Social distancing of at least six feet at all times, if possible
• Perpetual health screenings every day for both residents and healthcare professionals
• No visitors or volunteers allowed

If you believe that your nursing home or your loved one’s nursing home has violated these guidelines, you might have a viable negligence case. The Attorneys at Pintas & Mullins can help you make things right.

Texas Nursing Homes Get Startling Data

In the past month, Texas has become known for leading the “re-opening” campaign, with many of the state’s facilities and businesses starting to operate at normal rates again. However, the push for a return to pre-COVID normalcy may be delayed, as nursing home data sheds a poor light on the situation.

With the month not quite over, the Texas Tribune reports that the number of incidents of positive COVID-19 cases in nursing homes has more than doubled in July. In fact, there were more than four times as many new incidents of COVID-19 in Texas nursing homes than there were in June.

In part, this increase in the viral spread may be due to some of the relaxed restrictions the state has become infamous for. In the past months, Texas has required nursing homes and assisted living facilities to test all staff members. In July, the state rolled back that requirement, instead testing on a targeted basis. The results do not appear promising.

News on Florida Nursing Homes

Reportedly, Florida governor Ron DeSantis may have a similar problem on his hands in the coming weeks. ABC News affiliate WEARTV reports that Governor DeSantis is in the process of considering the re-opening of nursing homes throughout Florida. According to DeSantis, the isolating experience of quarantine and lockdown may be of more harm than is necessary to the psyches of nursing home residents.

This news comes as somewhat of a surprise, given that Florida’s lockdown rollback measures have not gone according to plan. In fact, coronavirus death tolls are still on the rise. Still, the governor believes quick, 15-minute test kits can help to ensure that visitors to nursing homes do not carry the virus. This would allow physical and emotional interaction that, at least in the governor’s mind, may be worth the risk.

If you live in a state that is considering reopening its nursing homes, make sure to take necessary precautions before visiting a loved one. Wear proper protective equipment and limit physical interaction as much as possible.

If you think that your loved one’s health has suffered due to poor planning or nursing home negligence, get in touch with one of the attorneys on the Pintas & Mullins legal team as soon as possible.

Back-to-School Push May Spell Danger for Nursing Home Residents

As summer departs and August rolls in, school districts nationwide have either begun opening up to students or are considering in-person schooling options versus virtual learning.

According to USA Today, this push has added fuel to the fire of fear that surrounds COVID-19. Unfortunately, that is not without good reason. While it is true that children are the least at-risk group for infection and death related to COVID-19, TheScientist reports the results of a startling study: the youngest among us routinely carry between 10 and 100 times the volume of coronavirus than older age groups.

Translation: kids going back to school can be hotspots for the spread of coronavirus even if they don’t show outward symptoms of COVID-19. As they gather more of the virus unwittingly, they can spread it to their family members and, potentially, nursing home residents who are among the most vulnerable to the disease.

Since the push to reopen schools has been accompanied by a push to reopen nursing homes, assisted living facilities, businesses, and other institutions, another wave of viral outbreaks may be imminent.

We have the data now to show the risks involved with opening up nursing homes, as well as information about the best ways to prevent the spread of the virus. If you think your loved one’s nursing home reopened negligently, you may have a case for a lawsuit. Speak with our team at Pintas & Mullins Law Firm to get help on your side today.

White House Begins Instituting Mandatory Coronavirus Checks

In a move that hopefully means the administration is getting more on board with testing procedures, the White House will institute required testing among staff. Forbes reports that the president’s executive staff will have to submit to random mandatory tests for the virus despite previous comments made by the president and vice president against increased testing procedures.

The decision comes on the heels of five administration officials testing positive for the virus, including National Security advisor, Robert O’Brien. With the president engaging in testing for his staff, perhaps more testing will be the norm across the United States.

New Worries as Students in Georgia Face Quarantine

As states continue to wrestle with the implications of COVID-19, students in Georgia pay the price for reopening schools. The Cherokee County School District released information regarding over 1,000 students and faculty in 12 different schools on a mandatory quarantine order. According to ABC News, the decision comes after more than 70 confirmed cases of the novel coronavirus were discovered in several district’s schools (with an epicenter at Etowah High School in Woodstock, GA.

The reopening of schools has been the subject of significant debate over the past month or so. Proponents stress the importance of personal interaction and socialization, while detractors place more emphasis on the risk of viral spread. In any case, the news from Georgia shows that students are not immune to the spread of the disease.

Impact on Nursing Homes

Information from the Centers for Disease Control and Prevention (CDC) shows that the rate of new cases across the United States is slowing. However, the number of daily cases is still as high as 40,000, indicating that the viral spread continues. As school districts prepare to reopen, examples like Cherokee County in Georgia show that the number of new coronavirus cases may skyrocket.

When this happens, nursing homes should be prepared to take increased security precautions to ensure their residents’ health and safety. Older Americans, and the infirm, are much more likely to contract COVID-19 and, once contracted, are more likely to suffer serious health consequences (even up to death). Failing to provide appropriate safety measures amidst a continuing pandemic is an open-and-shut example of nursing home negligence.

Schools and Nursing Homes Still at Risk Amid Lowering Rates

Monday, August 17, 2020 saw the lowest number of new COVID-19 cases across the nation compared to the previous two months, according to the Center for Infectious Disease Research and Policy (CIDRAP) at the University of Minnesota. However, this should not be seen as a sure sign that infection rates and associated illnesses or deaths are set to decline.

For one thing, we have little information about the effect of opening schools during COVID-19’s spread. Schools are starting to reopen in many parts of the country. Scientists have warned that children (who were previously thought not to carry the disease) can in fact carry up to 100 times as much of the virus as adults. Mississippi, which is the state whose schools started opening first, has the highest rate of infection among students. This, plus the upcoming flu season, suggests that rates may start rising soon.

Additionally, the outlook on nursing homes is not great at the moment. A survey from the American Health Care Association found that 72% of facilities fear closing within the next year if they have to continue to operate under the current conditions, and 40% said that they may have to close within the next six months. On top of that, some 77% of nursing homes rely heavily on government funding to stay out of the financial red zone. Given that the week of June 26 saw a 77% increase in nursing home coronavirus cases, this presents an alarming challenge for nursing home facilities.

Trump Administration Announces Total Penalties for Nursing Homes

Under the direction of the Trump White House, the Centers for Medicare and Medicaid Services (CMS) has fined nursing homes across the country a total of more than $15 million. After surveying and inspecting 99.2% of all nursing homes, CMS and state agencies found instances of more than 180 “jeopardy level” violations in infection control — triple the amount found in 2019. While you may worry about your loved one’s ability to find housing and medical care if a nursing home is fined and loses income, it is still important to hold nursing home administrators accountable for the safety of their residents.

What This Means for You

If your loved one is housed in one of the many nursing homes that were fined by CMS, you may have a case for nursing home negligence. It is the responsibility of nursing home administrators, boards, and staff to protect residents from increased risk of infection. With a disease like COVID-19, which already presents a higher risk for older and infirm residents, this responsibility becomes crucial.

If you think your loved one’s nursing home has not acted with due caution, or has violated nationwide or locally imposed safety measures, get in touch with Pintas & Mullins to discuss how you can go about getting compensation.

More Data Shows Growing COVID-19 Cases Among School Children

Though we have been keeping an eye on schools amid reopenings in many states, official data has finally come in from across the country — and it doesn’t look good.

According to CNN, new cases of COVID-19 among school-age children have increased by 21% from August 6 to August 20, 2020. From an initially estimated amount of 13 positive coronavirus cases per 100,000 children, the number has now increased to a whopping 583.2 cases per 100,000.

Given previous research showing that children as young as five years old may carry up to 100 times the virus as adults, this is alarming news. Luckily, researchers are quick to point out that severe illness cases due to infection are rare among children.

Still, more children with the virus present the possibility of further spread and infection as those children bring the virus home from school. This also means an increased risk for nursing home visitors to carry the virus into their loved one’s residence unwittingly. It will be crucial for nursing homes to institute proper safety protocols to safeguard the already at-risk population in their charge in the coming weeks and months.

Confirmed Reinfection Reports

NBC News reports that a man in Hong Kong is now the first confirmed reinfection of COVID-19. The man originally contracted the virus in late March and was discharged from the hospital in early April. He tested positive for coronavirus again four months later. This time, the virus was a slightly different genomic strain from his initial infection, proving that it was indeed an actual second infection and not merely a holdover from his first bout with COVID-19. The man shows no symptoms as of this report, and researchers stress that this only confirms what is already common among other coronaviruses. It is no cause for alarm, they say.

However, it is known that antibodies in the blood of previously infected people seem to wane over months. This, coupled with the new information about reinfection, may suggest that any immunity gained from vaccination may be short-lived (much like flu vaccines, which require yearly updates).

At the very least, these findings indicate that strict safety precautions may become standard for nursing homes in the future.

State and Federal Governments Recognize the Vulnerability of Nursing Homes

As the saying goes, better late than never. State governments across the country and the federal government have recognized the vulnerability of nursing home residents and are turning these concerns into actionable measures.

Virginia’s Response

As an example of how some states are working to protect nursing home residents, Virginia’s Senate has proposed a bill to put those residents (and nursing home staff) at the front of the line for COVID-19 testing. The bill is still being considered, with Governor Ralph Northam’s office concerned that it might curtail the ability of health officials to “adapt to this ever-evolving virus,” according to VPM News.

The Federal Response

The White House has a somewhat spotty history with its response to and treatment of the coronavirus crisis. However, the Trump administration recently announced the distribution of $2.5 billion (half of a planned $5 billion) to nursing homes across the country.

As reported by the US Department of Health and Human Services (HHS), the money supplements the more than $4.9 billion already provided. The hope is that increased funding will help alleviate the financial stressors on nursing homes and give more residential facilities access to testing and treatment procedures.

The United States Decides Not to Participate in Global Push for Vaccine

Unfortunately, there is also negative news this week. After withdrawing the United States from the World Health Organization in July because of alleged deference to China, the Trump administration has announced that it will not participate in the WHO-backed multilateral efforts to develop a coronavirus vaccine. Over 170 countries worldwide have signed onto the agreement, known as the COVID-19 Vaccines Global Access Facility (Covax, for short).

Instead, the United States will engage in “Operation Warp Speed,” a plan to develop a vaccine on its terms. The President has, in recent weeks, expressed interest in treatments involving convalescent blood plasma (plasma from individuals who have been exposed to COVID-19 and developed antibodies). However, the WHO and other experts warn that there is insufficient evidence that this treatment provides relief.

According to Voice of America, Surie Moon, the co-director of the Global Health Center at the Graduate Institute of International and Development Studies in Geneva, called the United States’ decision “a real blow” to the hopes of defeating the virus quickly and collaboratively.

More Worries for Health Officials as the Summer of 2020 Ends

Health officials sounded off warnings for people gathering over Labor Day weekend this past week, referencing the impact of Memorial Day gatherings at the start of the summer. According to AP News, the summer of 2020 started with 1.6 million coronavirus cases before surging to more than 6.2 million confirmed cases and almost 190,000 deaths related to the virus.

Despite warnings, however, holiday festivities persisted. In South Carolina, whose viral hotspot status only started to decline since early August, the largest gathering since the COVID-19 outbreak occurred when fans attended a socially-distant NASCAR race at Darlington Speedway. Some fans attended the event from out-of-state, driving down from as far away as New Hampshire for a bit of fun. Health officials worry, though, that even these socially distant events complete with constant mask-wearing and hand-washing may not be enough to prevent another surge in the virus’ spread.

Looking Ahead Into Fall 2020

Unfortunately, the woes of many health officials may be justified. In January, Dr. Anthony Fauci warned of a fall flu season currently on track to be as bad (if not worse) than the 2017-2018 season, which was the deadliest flu season in the last 40 years, according to CNN. Influenza and the coronavirus may yet join together to wreak a double-sided kind of havoc on our collective immune systems.

For the elderly in nursing homes, this is a serious hazard. Both viruses prey on pre-existing conditions (especially those having to do with the respiratory system), making the elderly particularly vulnerable. In this time of uncertainty, it is more important than ever that nursing home administrations continue to use safety precautions to limit both viruses’ potential spread. Though it may be tempting to relax on certain restrictions, the dangers of flu and COVID-19 should not be underestimated.

News Reports of Trump Officials Influencing CDC Data

Every week, the Centers for Disease Control and Prevention (CDC) releases updates to healthcare professionals regarding the novel coronavirus, its development, safety protocols, and gathered data on new cases.

Recently, a POLITICO report claims that political officials at the Department of Health and Human Services, appointed by President Trump, had actively sought and obtained access to these reports before they were released to their intended audiences. In several cases, they instructed the CDC to alter the wording, asserting that the information provided in the documents was at odds with the President’s more hopeful rhetoric on COVID-19.

On the heels of President Trump’s admission that he downplayed the coronavirus outbreak’s significance, this news is disconcerting. As attorneys who often work for neglected or abused nursing home residents, who are at a much higher risk for COVID-19 complications and fatalities than other populations, we know the health issues that can arise from a lack of proper communication and transparency.

If you have a loved one who resides in a nursing home or assisted living center, please do your research regarding the methods their nursing home is taking to prevent the spread of this virus. We are not out of the woods yet, and things like mask-wearing and the washing of hands can still reduce the risk of the elderly and those with prior medical conditions.

REMINDER: Don’t Forget About the Flu!

As we exit the “Summer of Coronavirus,” it’s understandable that many of us are focused on this virus, its effects, and ways to prevent its spread. However, Time reported back in January that CDC officials believe this year could have one of the worst flu seasons on record. As the flu attacks immune systems, it can make sufferers even more vulnerable to contracting coronavirus.

Both the American Health Care Association (AHCA) and the National Center for Assisted Living (NCAL) strongly advocate that nursing home residents and staff should get flu vaccines as soon as possible. Data shows that 70% to 80% of seasonal flu fatalities are people over 65.

Influenza is nothing to sneer at, and it’s essential to make sure we remember to get our vaccinations to help prevent the spread of this virus even as the bulk of our attention is on upcoming plans for a coronavirus vaccine.

New COVID-19 Testing Policies

In a reversal of previous guidelines, United States health officials have now declared that anyone who has been in contact with a person infected with the novel coronavirus should be tested. This comes after a previous statement saying that people should not be tested unless and until they show symptoms of COVID-19, according to the Daily U.S. Times.

The new policy is more in line with most health experts, who were reportedly alarmed by the seemingly political motives behind August’s symptom-only testing guidelines. Statements from officials at the Centers for Disease Control and Prevention (CDC) make it clear that the new policy is more appropriate, given the prevalence and “significance” of transmission by people who are asymptomatic or pre-symptomatic. With increased testing, the hope is that more people infected with COVID-19 will be quarantined and isolated, depriving the virus of opportunities to spread.

New Data Suggests a Rise in Rural Area Infections

Until now, the hotspots for COVID-19 spread have been in major cities. This makes sense, as cities represent hubs for traveling people from all across the world. However, NPR reports that the spread of COVID-19 has become more significant in smaller cities and rural areas. For example, one of the deadliest sites for coronavirus infection is Hidalgo County in Texas. McAllen, the largest city in that county, has a population of only 150,000 people. Despite this, around 1,500 deaths due to COVID-19 have been reported there.

This new data is alarming for several reasons, but among the most serious is that the virus appears to have escaped containment in larger cities. The information suggests that even more isolated communities are at a higher risk for infection than previously thought. For those of us with family members in nursing homes, this new data may mean that we need to keep a close eye on our loved ones. Even nursing homes that are located in more rural areas pose a significant risk of infection.

The United States Breaks 200,000 Death Threshold

Unfortunately, the US has officially surpassed the 200,000 death mark due to COVID-19. According to CNN, Dr. Anthony Fauci estimates the average new infection numbers across the nation between 30,000 and 40,000 per day. Amid the solemnity of having a fifth of a million deaths due to the coronavirus, health officials are also worried about a seeming increase in infection cases.

News reports show that more than 20 states have experienced a recent “uptick” in new daily cases. This suggests that the spread of coronavirus is getting worse — not better. The majority of states that report increased infection rates are in the nation’s heartland/midwest areas, further showing that the viral spread has escaped relative containment in larger coastal cities.

Good News As Trial Vaccines Have No Serious Adverse Effects on Older Adults

A possible vaccine for COVID-19, known as mRNA-1723, has completed a Phase 1 trial. The report, released by the National Institutes of Health, shows that the vaccine had no ill effects and was tolerated well by older adults. Other than a few side effects like fever and fatigue post-vaccination, subjects experienced no serious adverse results. Initially focusing on younger adults, the trial expanded to include groups of people aged 56-70 as well as 71 and above.

The important takeaway is that the adults in older categories experienced similar levels of immune response as that seen in younger adults. This indicates that mRNA-1723 may be an acceptable vaccine to be used among the elderly, especially those in nursing homes who are at higher risk of SARS-CoV-2 infection.

Still, vaccination is a long way off. Phases 2 and 3 of the trial are expected to finish as more data comes in over the next year, with these initial results encouraging expanded testing among a larger population.

New Methods to Keep Safe

As there has been some controversy recently between the recommendations of the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) regarding the ability of COVID-19 to spread through the air, some scientists recently gave updated suggestions for safety precautions.

CBS News reports that there is some evidence that droplets of COVID-19 may be able to spread a bit farther than the six-foot distance we’ve been using for social distancing tactics. As a result, it may be best to move all group activities to outdoor locations when possible. Proper ventilation is key to stopping the spread. Wind and ultraviolet light from the sun may pose a role in diffusing and “disarming” the virus.

Nursing homes should also take the following steps to ensure safety:

• Wear masks even when social distancing.
• Make sure air filtration systems are active and properly functioning.
• Keep windows open when possible.

Experts Warn of “Rapid Acceleration” in US COVID-19 Cases

CNN Health reports that Johns Hopkins data collected from across the U.S. denotes an increase in new COVID-19 infections of more than 73% in the past five weeks. This does not bode well for the future, especially with the flu season underway. The Food and Drug Administration’s former commissioner Dr. Scott Gottlieb summed up the data by stating: “It’s going to be a difficult fall and winter.” This news comes on the heels of a sharp uptick in new cases throughout the European Union, signifying perhaps the beginning of the dreaded “second wave” of infections.

Health experts, studying the latest data, have warned that the U.S. may experience a rapid acceleration in new cases. This is not good news. This means that we may need to impose further restrictions throughout the fall and winter to stop the spread of the illness. Nursing homes should be taking the utmost care, as their residents are among the most vulnerable to infection.

Some Good News: Hospitalized Death Rates Are Dramatically Falling

To offset the news of a potential second wave incoming, it should be noted that hospitalized patients with COVID-19 have a much better outlook than previously expected. At the beginning of the pandemic, people hospitalized with the disease faced a one-in-four chance of death. Now, says National Public Radio (NPR), those who have been hospitalized face a 7.6% chance of dying from the illness. This is a stark drop, but the details should be studied further.

One of the causes of this drop, undoubtedly, is the fact that more young people are being hospitalized for the illness. However, further investigation shows that even older populations have experienced as much as a 19 percentage point drop in fatality rates while hospitalized. This indicates that our healthcare system is becoming more efficient at treating the illness.

It should also be noted that the current 7.6% death rate, as of October 21, 2020, is still much higher than other illnesses (including the common flu, to which naysayers often compare COVID-19). Precautions and safety measures still need to be implemented and, perhaps, increased as the nation prepares for the second wave.

British Study Suggests COVID-19 Immunity Wears Off

In a blow to the “herd immunity” crowd, a recent British study of 365,000 random participants found that coronavirus immunity has dipped 26%. According to CNN, the study consisted of a lateral flow test administered by participants at regular intervals (12, 18, and 24 weeks after coronavirus infections peaked in England). The study is not the first of its kind, but it supports earlier “longitudinal” studies that found a similar waning of coronavirus antibodies over time. This suggests that any immunity to COVID-19 may be necessarily short-lived.

Imperial College London and market research company Ipsos MORI published the study, which only focused on IgG antibodies. This is only one type of antibody produced by the body to fight off infection, so the test is inconclusive for other types. However, the results in June showed 6% of participants with IgG antibodies, while only 4.4% of participants retained their antibodies in September. Perhaps, like the flu, treatments for coronavirus will need to be made on a yearly basis due to this short-lived immunity.

Veklury Approved by the FDA for Coronavirus

The good news is that the Food and Drug Administration (FDA) has approved a treatment for coronavirus infection. Veklury (remdesivir) is an antiviral medication that has previously been approved in 50 countries as emergency treatment for COVID-19 patients. Previously, the drug had been approved in the U.S. solely for emergency situations. Now, the FDA is allowing the drug to be used in hospitalized cases or in settings comparable to in-patient hospitals (such as acute care centers).

Veklury has been approved for both adults and children over the age of 12. This news, part of the administration’s Coronavirus Treatment Acceleration Program (CTAP), comes after several studies confirmed that the use of Veklury produced statistically significant results. In one double-blind case study, those who used the drug recovered from coronavirus infection in two-thirds the amount of time it took for those who were administered placebos.

While the approval of Veklury signals the first move toward reducing the risks associated with COVID-19, caution should still be emphasized. Perhaps on the back of this research we will have yearly coronavirus shots that protect our vulnerable populations through immunity in the future. For now, this news is a welcome step in the right direction.

Trump Administration Sends Incentive Money to Nursing Homes

On October 28, 2020, the U.S. Department of Health and Human Services (HHS) announced that it would be distributing approximately a third of a billion dollars to over 10,000 nursing homes nationwide. The money is intended to serve as a reward for curbing COVID-19 infection and death rates in August and September, as well as an incentive to continue these efforts. Additionally, $2 billion is in the process of being attached to another incentive program. These steps are promising, as they can greatly assist nursing homes in the fight against coronavirus.

Nursing homes across the country are hurting for money even more than usual as additional medical testing, access to personal protective gear for workers, and other necessary steps contribute to overall operating costs. Currently, over 77% of qualified nursing homes and long-term care facilities met the requirements for the incentive program, showing that a vast majority are adhering to COVID-19 safety standards.

If your loved one is in a nursing home that has failed to receive additional funds from the government, it may be because they did not meet safety requirements. Get in touch with a nursing home negligence attorney today to learn whether you have a strong case for a lawsuit.

New Spikes in Infection Rates Bring Further Danger to Nursing Homes

Unfortunately, late October and early November have brought the predicted bad news. COVID-19 infection rates are climbing once again across the country, with ABC News suggesting that the positive steps gained in the later summer of 2020 have already begun to “backslide.” The result is fears of a third spike in coronavirus infection and death rates even as many nursing homes are struggling to find funding for necessary COVID-19 prevention measures. One Wisconsin advocate for the elderly, LeadingAge Wisconsin president John Sauer, summed up the condition of nursing homes and long-term care facilities in the state: “Our system is collapsing,” he said.

The incentive program, devised by the Trump Administration, may need to be put into high gear if information from the American Health Care Association proves accurate. The association announced that 20% of nursing homes are currently low on necessary equipment like gloves and hand sanitizer. The Center for Infectious Disease Research and Policy (CIDRAP) also sounded a warning about nursing homes, saying that the vast majority of the testing that takes place in nursing home facilities takes substantially longer than 24 hours (the recommended turnover time for avoiding infection).

Additionally, the isolation of the elderly, while necessary to prevent the spread of infection and death due to COVID-19, may also cause serious health concerns. Internist and ABC News contributor Dr. Jay Bhatt voiced significant concerns. “I’m deeply concerned about the continued isolation that older adults face in nursing homes,” he said, citing social isolation as a factor that is known to increase the risk of developing dementia by as much as 50%.

As uncertainty clouds our future, nursing home administrations have many challenges to face. It is our job to hold them accountable and ensure that our loved ones receive the care and safety that they deserve.

Pfizer Announces Positive News in Coronavirus Vaccine Trials

Drugmaker Pfizer recently reported positive results as they work on the development of an effective COVID-19 vaccine. Human trials of the vaccine have resulted in preventing infection in 90% of volunteers, according to reports by the New York Times. The news skyrocketed the drug, which was made in collaboration between Pfizer and German pharmaceutical manufacturer BioNTech, to the top of the world’s list of potentially viable vaccines. It also marks an astonishing development in the medical world. Dr. Kathrin Jansen, Pfizer’s head of vaccine research and development, emphasized the unique nature of this vaccination development program: “We have embarked on a path and a goal that nobody ever has achieved — to come up with a vaccine within a year.”

Expert Opinions on the Vaccine’s Potential

The world reacted with relief at Pfizer’s announcement, taking it as a good sign that the medical community is on the right track even if it has not yet been peer-reviewed. While experts in the medical field share that optimism, they also stress the importance of the scientific process.

Jesse Goodman, professor of medicine and infectious diseases at Georgetown University, emphasized that long-term results need to be sought before approving the vaccine, as well as the publication of Pfizer’s data, so the scientific community can analyze the trial’s effectiveness. However, he also noted that the quick development of this vaccine program is “a testament to hard work and science.”

Immunologist Akiko Iwasaki, who works at Yale, expressed shock at the data announced by Pfizer. “I was [expecting] something like 55%,” Iwasaki said. At a 90% effectiveness rate, this coronavirus vaccine would be akin to measles vaccines given to children across the world. It would even be more effective than the annual flu vaccinations that many receive. In short, if time and additional data stay in line with recent developments, Pfizer’s vaccine has the potential to break the growing trend of coronavirus infections and death.

Vaccine Stats at the Time of This Writing

Pfizer’s vaccine trials are just one of the many worldwide pushes for a new coronavirus treatment. The New York Times’ coronavirus vaccine tracker lists the following statistics for vaccines in the works.

• 38 vaccines in Phase One

• 14 vaccines in expanded safety trials

• 11 vaccines being tested in large groups for effectiveness

• 6 vaccines approved by the FDA for limited and early-intervention usage

• NO vaccines have been granted full approval

Though none have reached the final phase of being usable by the public, these numbers are staggering and engender hope. Usually, vaccines take years of testing and research before they reach these stages. However, the medical community is doing everything they can to develop a vaccine for this pandemic, which has claimed more than 1 million lives across the world.

Pfizer and BioNTech Announce Positive Vaccine Results

After a year of seemingly non-stop bad news, nursing home residents found hope in the recent announcement made earlier this week by Pfizer and BioNTech. In a press release, the companies declared significant success in their joint trial of a COVID-19 vaccination currently named “BNT162b2.” The study marks the end of phase three in the trial, with data showing that the potential vaccine is effective in 95% of cases.

Milestones achieved in the study include:

• The vaccine’s efficacy in preventing infection in those without COVID-19 symptoms
• 94% effectiveness in people over the age of 65
• No serious negative side effects (only minor headaches and fatigue in rare cases)

The companies have begun rolling out the vaccine in some European areas as well as Canada. They plan to update their data as more information about those cases becomes available. However, as the Associated Press is quick to point out, the process is not yet finished. The companies will ask the Food and Drug Administration (FDA) to allow emergency use of the drug now that enough data has been gathered. They also plan to release their data for peer review once their internal analysis has completed.

Nursing home residents (and their families) are at a higher risk than the average population for coronavirus infection and COVID-19-related fatalities. They can take comfort in this development and in the news that Pfizer expects to distribute 1.3 billion doses of the vaccine in 2021. By the end of this year, the company has set its distribution goal to 50 million doses, which most countries will likely use on their at-risk populations first.

New Changes in the Rollout of Vaccines

As part of Operation Warp Speed, the Trump Administration has been working on frameworks to distribute possible COVID-19 vaccines once they have been created, tested, and confirmed as effective vaccinations. In a reversal from previous statements, the administration has announced that vaccines (once approved by the Food and Drug Administration [FDA]) will be distributed to states based not on risk but on the total population of adults in that state, according to National Public Radio (NPR).

While officials say that this rollout based on population will be simpler, fairer, and quicker, there is some concern in the medical community. The new decision reportedly goes against the advice of the Advisory Committee on Immunization Practices, which favored a distribution based on the risk factor of COVID-19 spread. In that rejected model, states with higher risk of infection would receive the vaccine first. While there may be some correlation between total adult population and risk of spread, the two are not precisely the same.

Advisory Committee member Dr. Grace Lee expressed the opinion that the government should be clear and open about the reasons for this decision and reversal of earlier plans. “Transparency in the process is entwined with public trust,” she said. With many conspiracy theories circling the ether and a sizable portion of society already wary of a vaccine for the coronavirus, transparency is surely paramount.

Nursing Home Neglect Surges Amid COVID-19

It is no secret that the coronavirus pandemic has harshly affected nursing homes and long-term elder care facilities. However, new data shows that there is also a surge in non-COVID deaths and neglect in nursing homes as administrations and staff become overworked and exhausted. The victims of this unfortunate circumstance are, once again, the elderly.

According to experts consulted by the Associated Press, it appears that one nursing home resident has passed away due to neglect for every two that have passed away due to COVID-19. These deaths are “extra” in that they are over and above the statistical amount of fatalities you might expect in a normal year. In fact, they are roughly 15% more than a normal year’s death toll. That may represent as much as 40,000 preventable deaths due to nursing home neglect since March 2020.

To put this into further perspective, experts estimate that nursing homes in which 3 out of every 10 residents contracted COVID-19 experienced double the death rate that would be expected in normal circumstances. Coronavirus preys on the elderly, but it also has side effects on staffing situations, as well as administrative difficulties and financial drains on facilities’ budgets. All of this leads to additional preventable deaths, often due to neglect.

As always, Pintas & Mullins is here to help clients whose family members have suffered neglect in nursing homes. If you suspect that your loved one might be suffering from neglect, please get in touch with us as soon as possible so that we can analyze your case and get to the bottom of the issue.

More Good News as Moderna’s Potential Vaccine Shows High Efficacy

Science Magazine recently reported good news to go along with Pfizer and BioNTech’s vaccine trial results. Another drug developer, Moderna, has seen “absolutely remarkable” results following a trial of more than 30,000 people. The individuals were given either the trial vaccination or a placebo, and the results showed high levels of effectiveness. Among the group who received bona fide vaccines, there were only 11 verified cases of symptomatic COVID-19. In contrast, the placebo group saw 185. This represents an efficacy rate of 94.1%, startlingly close to Pfizer and BioNTech’s vaccine, which is reported to have an efficacy of 95%.

The better news, however, is Moderna’s ability to protect against severe cases of COVID-19. While 30 people in the non-vaccinated group experienced intense cases of the disease, while none in the vaccinated group experienced severe symptoms. This is an astonishing efficacy rate of 100% against the direst coronavirus effects.

Moderna’s vaccine was partially funded by $1 billion from Operation Warp Speed (the United States’ vaccine creation program). Like the Pfizer and BioNTech vaccines, Moderna’s vaccine appears to have consistent results across sex, ethnicity, and age demographics. The company plans to ask for emergency use authorization from the Food and Drug Administration (FDA) immediately, allowing it to produce and use vaccines for hospitalized COVID-19 patients.

The United Kingdom Approves Vaccine

Another good step in the fight against coronavirus is the approval of Pfizer and BioNTech’s vaccine throughout the United Kingdom. After its 95% efficacy rate in trial settings, the new vaccine has been approved for full usage in the UK, where it will be rolled out first to those who need it most. The list of first recipients includes:

• Nursing and care home residents
• Caregivers in nursing homes

After this first group has received the vaccine, the priority list will be based mostly on age, starting with those who are 80 years old or older. Frontline healthcare workers and those with pre-existing medical conditions that make them susceptible to COVID-19 are also on the list to receive the vaccine before the general public, according to reports from CNN.

With the advent of Pfizer/BioNTech and Moderna vaccines, which both are based on messenger RNA (mRNA) protein-coding mechanisms, the outlook for effective vaccination seems positive. Both on the European front and in the U.S., the race for coronavirus vaccines is yielding results. Still, it is important to remember that we are not out of the woods just yet. Not only will it take approved companies a long time to produce the amount of vaccines that are needed to establish an end to the pandemic, but nursing home budgetary issues are starting to become serious. If you spot any sign of neglect in your loved one’s nursing home, get in touch with the attorneys at Pintas & Mullins today.

British Woman Becomes First to Receive COVID-19 Vaccine

Pfizer and BioNTech have officially begun their vaccination campaign in the United Kingdom. On Tuesday, December 8th, 90-year-old Margaret Keenan became the first person to receive the vaccine in a non-trial setting. This kicks off the largest vaccination campaign in the long history of the U.K., a nation in which more than 1.7 million people have already contracted the virus.

According to National Public Radio (NPR), Keenan is excited to be able to engage in social interaction safely again, having been secluded during lockdown measures to slow the virus’ spread. Like many of the world’s elderly population, Keenan was “on her own” for most of the year. “I… look forward to spending time with my family and friends in the new year,” she said.

Currently, the British government has 800,000 vials of the vaccine, which will be used to provide 400,000 people with double doses. These first vaccinations will be made available to healthcare front-line workers as well as people over the age of 80, with the government seeking additional vaccines for its population of 68 million as quickly as Pfizer and BioNTech can manufacture them.

Good First Steps, Significant Logistical Issues

Despite the enormous accomplishment of developing an effective vaccine in such a short time period, there are additional logistical problems with the vaccination efforts. For starters, governments who accept the vaccine must keep the vials frozen and stored at -94°F. Plus, politics threatens to get in the way of distribution, especially with Britain’s impending split from the European Union.

In America, we have our own struggles to contend with. Months ago, the Trump administration declined Pfizer’s offer of adding to the 100 million doses of the vaccine agreed by both parties. Now, the company has announced that the U.S. will have to take a back seat for additional supplies while Pfizer honors agreements with other nations. Luckily, Operation Warpspeed has produced its own possible vaccine, with the U.S. government set to approve its use in the coming weeks.

First COVID-19 Vaccines Issued in the U.S.

On Friday, December 11, 2020, the Food and Drug Administration (FDA) approved Pfizer and BioNTech’s COVID-19 vaccine for emergency use. An emergency use authorization is not full approval, but it does allow the vaccine to be used in specific circumstances for people over the age of 16. As an mRNA-based vaccine, Pfizer and BioNTech’s drug contains pieces of the novel coronavirus’s genetic material. While these elements do not cause disease, they encourage the body to produce proteins similar to the infectious proteins created by the virus. The body then develops an immune response, creating immunity to COVID-19.

The first issuance of the COVID-19 vaccine in America was broadcast nationally on Monday, December 14, 2020. Sandra Lindsay, director of critical care nursing at the Long Island Jewish Medical Center, volunteered to be the first person to take the vaccine. According to the New York Times, Ms. Lindsay’s decision was prompted by her understanding of the skepticism about the vaccine—even among some of her staff. As a black woman who immigrated from her birthplace of Jamaica, she is familiar with this country’s shameful history of racist medical practices and experimentation. Ms. Lindsay hopes to “inspire people who look like me, who are skeptical in general about taking vaccines.”

Discussions for More Vaccines Are in the Works

Another bit of good news this week is that the U.S. is currently engaged in conversations to obtain more vaccines in the near future. While the Trump administration initially declined to increase the country’s pre-order of Pfizer and BioNTech vaccines, reports suggest that officials are in talks to acquire more in the spring. Currently, the U.S. has enough doses to serve 50 million people.

Additionally, the Department of Health and Human Services (HHS) announced that it will be purchasing significant amounts of Moderna’s vaccine, which is in the process of being approved for emergency use by the FDA. The government has purchased a total of 200 million doses of the drug, with an option to purchase an additional 300 million in the future. Secretary Alex Azar underlined the importance of this news, stating that these additional purchases should make it so that “we will have enough supply to vaccinate all Americans who want it by the second quarter of 2021.”

Vaccines Roll Out for Nursing Homes

After a devastating year that has resulted in an estimated 115,000 deaths in elderly long-term care facilities, the vaccinations for COVID-19 are finally here. On Friday, December 18th, the U.S. government began administering Pfizer/BioNTech vaccines to nursing home residents and staff in Florida, Ohio, and Connecticut. According to the Wall Street Journal, more states received the vaccine on Monday. The pharmacies CVS and Walgreens have federal contracts to administer the vaccine. CVS has reportedly signed up 40,000 facilities, while Walgreens is set to vaccinate 35,000.

Distribution poses a challenge in the vaccination plan, but both pharmacies are optimistic about the program. Additional hurdles include staggering the vaccine’s administration among nursing home staff, in case some experience mild negative side effects. Regardless of the challenges faced by the program, the presence of a vaccine promises relief for many. 95-year-old resident Jeanne Peters summed up her feelings about getting the vaccine: “I’m delighted. If people my age see me doing this, maybe they can decide to do it too.”

COVID-19 Leads to a Shift in Elder Care Discussions

As the world breathes a small sigh of relief in the wake of coronavirus vaccination news, the effects of the COVID-19 epidemic have already begun to show lasting impacts. Our societal approach to elder care is changing significantly. Reports from Fox Business show that nursing home enrollment levels are down roughly 15% across the U.S., as many families have opted instead for at-home care due to their fear of the virus. Even hospital administrators have begun to shift their focus from long-term care facilities, according to University Hospitals’ Chief Clinical Transformation Officer Peter Pronovost, who states: “We implemented a complete switch of mindset to say home is the default.”

Already, the move away from long-term care facilities has had a noticeable economic impact. Many nursing homes, deprived of residents covered by the government program Medicare, have seen their business models suffer. The result is an increased emphasis on nursing home staff providing long-distance care, including virtual visits through the use of technology or even home visits to administer aid.

While the vaccine may promise a light at the end of this long, dark COVID-19 tunnel, the effects of the virus on the way we care for our elderly seem likely to stay.

German Nursing Home Workers Injected with Too Much Vaccine

As part of the rollout of the Pfizer/BioNTech vaccine across the world, nursing home workers in various countries have started to undergo inoculation procedures. According to the New York Post, eight German nursing home caregivers were accidentally given massive doses of the vaccine (five doses at once, when a person is only supposed to get two doses in total). Some of the workers have been admitted to the hospital with flu-like symptoms reminiscent of COVID-19. However, a spokesperson for BioNTech reported that some individuals in the vaccine trials were also given larger doses than the recommended amount, with no significant side effects observed.

The problem highlights one of the issues with the new vaccine. For reasons of efficiency, the vaccine is delivered to injection sites in vials that each contain enough of the drug for five doses, once diluted. Human error can lead to the wrong vial being used, which is suspected to be the case in this incident. Additionally, some German nursing homes refused to accept their delivery of vaccines because there was some concern that the temperature required to keep the vaccine safe was interrupted during transit.

If your loved one receives a vaccine and develops symptoms, they may have been a victim of medical negligence. The attorneys at Pintas and Mullins, as always, can help you seek justice and compensation for your loved one.

Further Vaccine Complications

As more COVID-19 vaccines begin to secure authorization from global governments, such as the vaccine developed by the University of Oxford and pharmaceutical company AstraZeneca, further complications muddy the waters. In the U.S., the first line of vaccines is being distributed to nursing homes, as these facilities have been hit hardest with COVID-19 infections and deaths. However, officials are running into problems, according to reports from MarketPlace, such as:

• Difficulty securing consent for cognitively impaired residents
• Difficulty coordinating vaccine usage within the vaccine’s five days of viability
• Difficulty in staffing facilities
• Difficulty acquiring additional Personal Protective Equipment (PPE) for staff

In fact, nearly two-thirds of nursing homes are currently operating at a loss. Considering staff burnout and infection rates, coupled with little help from the federal government, long-term healthcare facilities are struggling to administer the vaccines before the five-day deadline by which the dosages must be used.

Hopefully, the coming weeks will see a more effective strategy employed by nursing homes and vaccine distribution centers. While these problems are serious, we are also thankful that the medical community has been able to manufacture not just one but three vaccines in record time.

We Are Still in the Thick of COVID-19

With the rollout of both the Pfizer/BioNTech and Moderna COVID-19 vaccines in previous months, many people across the country (and the world) have expressed relief. However, it is important to remember that we are currently still in the middle of a massive pandemic that has left an outsized impact on elder care and long-term care facilities. There have also been significant issues with the administration of vaccines throughout the U.S.

National Public Radio (NPR) reports that long-term care facilities are still experiencing a high rate of infection, with each week bringing in more than 50,000 new cases of coronavirus spread. Unfortunately, though the vaccines that are in circulation are promising, they may not be getting to residents quickly enough. Below are some of the relevant facts.

• Only 14% of the distributed vaccines have actually been administered by the federal pharmacy partnership.
• Around 90% of nursing home residents and staff are open to receiving the shots.
• Estimates currently show that nursing homes across the country should have the second dosage of vaccines by early March.
• Each additional week of delay can mean between 4,000 and 6,000 coronavirus-related deaths. (This is according to American Health Care Association and National Center for Assisted Living [AHCA/NCAL] chief Mark Parkinson).

Additionally, the Centers for Disease Control and Prevention (CDC) is keeping a running tab of information on coronavirus vaccines, how they work, and why they are important. Notably, the precautions we have taken (such as social distancing, wearing personal protective equipment, and not touching our faces) should continue for the foreseeable future.

Even after getting a dose of the vaccine, it takes up to several weeks for full immunity to develop. The vaccine works by “teaching” our cells how to create proteins in order to trigger immunity, and this process can take time. For nursing home residents, that means it is important to realize that you can still be infected during the week or so after you receive the vaccine.

New Strains of COVID-19 Emerge

In recent weeks, there has been news of mutations undergone by the coronavirus in various countries, according to CNBC. So far, confirmed variants of the COVID-19 virus have been spotted and sequenced in:

• The United Kingdom (UK)
• Denmark
• South Africa
• China
• Japan

However, it should be noted that many of these countries are at the forefront of vaccine research and therefore have the upper hand when it comes to spotting new virus variants. Experts also point out that mutations are common and should be expected when it comes to viruses. As vaccines improve, the virus will continue to mutate. Still, nursing homes and long-term care facilities should take pains to understand the new strains and remain vigilant about transmission precautions.

Vaccine Rollout Encounters Difficulties

Even as the nation and world celebrate the emergence of several viable vaccines for immediate distribution, the rollout in the U.S. has encountered significant problems. USA Today reports that only about 16% of the vaccines that have been distributed to nursing homes have actually been injected into residents’ arms. That’s an astonishingly low number. Coupled with the slow distribution that has plagued many states, it represents a clear failure of the infrastructure to deliver on its promises.

However, the good news is that federal distributors and contracted pharmacies are optimistic that the vaccine rollout will reach its goals by the end of January. The rollout has been affected by the vaccine’s refrigeration requirements, staffing shortages, and additional problems. For example, contracted companies CVS and Walgreens have to send staff to perform on-site vaccinations at nursing homes, requiring manpower, commute times, and other steps that add time on to the process.

In the meantime, it is important to continue to abide by mask regulations, regular washing of hands, social distancing measures, and other restrictions that help to slow the spread. We are officially in the midst of the second wave of coronavirus, so failure to take the appropriate precautions can see rising spikes in COVID-19 infections and deaths. This is especially true in long-term care facilities, which serve as the home to the most vulnerable population.

New Strains of COVID-19 Emerge

In recent weeks, there has been news of mutations undergone by the coronavirus in various countries, according to CNBC. So far, confirmed variants of the COVID-19 virus have been spotted and sequenced in:

• The United Kingdom (UK)
• Denmark
• South Africa
• China
• Japan

However, it should be noted that many of these countries are at the forefront of vaccine research and therefore have the upper hand when it comes to spotting new virus variants. Experts also point out that mutations are common and should be expected when it comes to viruses. As vaccines improve, the virus will continue to mutate. Still, nursing homes and long-term care facilities should take pains to understand the new strains and remain vigilant about transmission precautions.

Vaccine Rollout Encounters Difficulties

Even as the nation and world celebrate the emergence of several viable vaccines for immediate distribution, the rollout in the U.S. has encountered significant problems. USA Today reports that only about 16% of the vaccines that have been distributed to nursing homes have actually been injected into residents’ arms. That’s an astonishingly low number. Coupled with the slow distribution that has plagued many states, it represents a clear failure of the infrastructure to deliver on its promises.

However, the good news is that federal distributors and contracted pharmacies are optimistic that the vaccine rollout will reach its goals by the end of January. The rollout has been affected by the vaccine’s refrigeration requirements, staffing shortages, and additional problems. For example, contracted companies CVS and Walgreens have to send staff to perform on-site vaccinations at nursing homes, requiring manpower, commute times, and other steps that add time on to the process.

In the meantime, it is important to continue to abide by mask regulations, regular washing of hands, social distancing measures, and other restrictions that help to slow the spread. We are officially in the midst of the second wave of coronavirus, so failure to take the appropriate precautions can see rising spikes in COVID-19 infections and deaths. This is especially true in long-term care facilities, which serve as the home to the most vulnerable population.

Eli Lilly Announces Promising Drug for Nursing Homes

Drugmaker Eli Lilly has concluded a study that shows significant promise for nursing home residents. Within the research area, Eli Lilly technicians raced to the nursing homes where the coronavirus appeared and began administering a monoclonal antibody called bamlanivimab, according to the New York Times.

Though the drug has already received an emergency use authorization from the Food and Drug Administration (FDA), that authorization only applies to patients who are already infected with the coronavirus. Eli Lilly’s study was aimed at determining whether the drug could prevent infections entirely.

The results are positive:

• Residents saw an 80% reduction in infections (compared to the placebo group)
• Staff members saw a 60% reduction in infections (compared to the placebo group)

In total, the study included 965 individuals, with two-thirds of those participants being staff members. While the company wanted more residents to enroll, there were logistical difficulties (including cognitive impairment and distrust of intravenous drugs).

Eli Lilly plans to file for another emergency use authorization from the FDA. We could start seeing bamlanivimab used more commonly as a way to supplement the rollout of COVID-19 vaccines.

Legal Shields for Nursing Homes May Be Problematic

NPR recently dove into the issues surrounding nursing homes’ legal protections against lawsuits due to coronavirus. Due to the pandemic, many nursing homes around the country have received special legal protections that can overturn their liability if a resident contracts COVID-19 and dies.

While the care facilities claim they need this protection because of the overwhelming struggles associated with COVID-19, there are some significant concerns and problems with the concept. It may not seem fair to administrators to hold the nursing home responsible for pandemic-related deaths, but it has also been their job to appropriately staff these facilities for just such an occasion. Also, experts worry that these new legal protections, or “shields,” may be used to cover up or prevent justice in neglect and abuse cases that are unrelated to coronavirus.

As always, Pintas & Mullins Law Firm is here to protect you and your family. Contact us immediately if you believe your loved one has been the victim of nursing home neglect or abuse.

Difficulties with the Vaccination Rollout Abound

The initial plan for vaccine distribution has always been to provide for the most at-risk population first: frontline healthcare workers and the people who live in long-term residential care facilities. However, that’s not the way things are working out, according to new reports from the Associated Press. Distribution has largely been left up to the states, with Walgreens and CVS pharmacies supplying nursing homes with dosages.

At this writing, only 3.5 million doses have reached the arms of nursing home residents and staff. That’s far below the estimated 10 million that will be needed to protect the population from the risk of spread.

The lack of a federal plan under the previous Trump administration is apparent, with the pharmacies virtually asked to distribute the vaccines in conjunction with states who are creating their own deadlines in the process. Unfortunately, it appears that the schedules are not going as swiftly as one would hope.

New York Found to Have Underreported COVID-19 Deaths

A recent report by the AARP alleges that New York has drastically misrepresented its number of nursing home COVID-19 deaths. Officially, the state has reported about 8,700 deaths resulting from infection. However, the expected statistical increase of 56% would bring the true total to over 13,000.

The state’s attorney general, Letitia James, found a discrepancy between officially reported fatalities and those that the facilities themselves logged in a sample size of 62 nursing homes. Whereas the facilities showed a total of nearly 2,000 COVID-19 deaths, the state’s Department of Health reported only about 1,200.

Further, there are significant issues surrounding New York nursing homes in general. Reports show that many nursing homes were noncompliant with state and federal coronavirus regulations, while many also forced infected staff members to return to work under threat of firing.

These problems highlight the need for justice and transparency in long-term care facilities. Pintas & Mullins can help represent families of infected nursing home residents, as well as those who have already passed away, in nursing home negligence lawsuits.

High Rates of “Vaccine Hesitancy” in Nursing Homes

According to Walgreens’ CEO, Rick Gates, the COVID-19 vaccination process has experienced an unanticipated roadblock. Namely, staff members at nursing homes and long-term care facilities have refused initial vaccine doses at alarming rates. Nearly 60% of the staffers who were offered the vaccine have declined, reported CNBC.

This is in addition to the one-fifth of nursing home residents who have been similarly reticent to accept the dosage. While Gates said that any refused or excess vaccines were distributed to other high-priority populations, this news exposes the serious difficulties of an effective vaccination campaign.

Vaccines Are Working

For some good news, even with the alarmingly high rate of refusals, the presence of vaccines has helped slow the spread of coronavirus. Healthline reports that cases of coronavirus are down more than 50%, according to the latest data from the U.S. Centers for Medicare & Medicaid Services.

Dr. Ashish K. Jha, MPH, Brown University’s School of Public Health Dean, is “optimistic” about the findings. “This is not just broad national patterns, but [evidence] that vaccines probably are playing a role,” he said.

Some States Begin to Lift Lawsuit Protections

Both federally and at the state level, lawmakers have put in place certain immunities and protections against COVID-19-related lawsuits for nursing homes. However, that is beginning to change.

The outcry among organizations like the AARP and criticisms from family members who have lost loved ones due to the coronavirus pandemic has led to states lifting some of their legal protections. For example, Connecticut governor Ned Lamont has issued an executive order to allow litigation against long-term care facilities for COVID-19 cases, according to the Connecticut Post.

While healthcare workers and administrators may balk at this move, it is important to keep facilities accountable during the pandemic. That is especially true as many staffers continue to refuse to accept the vaccine.

COVID-19 Nursing Home Death Rates Point to Racial Disparity

The Center for Infectious Disease Research and Policy (CIDRAP) recently published a study that shows significant inequality among different demographics. Specifically, non-white residents experienced death rates three times higher than those of their white counterparts.

Various reasons exist for this disparity, including:

• A higher likelihood of non-white residents being admitted to nursing homes with already deteriorating health conditions
• A higher likelihood of non-white residents to live in less economically prosperous nursing homes
• A historic distrust of healthcare professionals among some non-white communities

As many nursing homes continue to struggle in the pandemic and burn through their annual budgets, it is more important than ever to emphasize the need for swift vaccinations for this vulnerable population.

President Biden Optimistic About Vaccination Schedule

In a meeting with constituents in Milwaukee, President Joe Biden confidently stated that vaccines should be ready for the entire American population by the end of the summer. The New York Times reports that, when asked when anyone who wanted the shot would be able to get one, Biden responded with “by the end of July, this year.”

The president later amended his statement somewhat, saying that this is when the vaccine distribution plan should be “ready.” Last week, the administration announced its purchase of 200 million doses, which is enough for all adults in the country.

By the time school is set to start in September, Biden predicted we would be “way better off” than we are today. This is good news, and a summer distribution plan should help nursing homes curb the devastation that COVID-19 has caused.

Coronavirus Variants

New strains of the coronavirus have been reported in a variety of countries, including England, Brazil, South Africa, and the U.S. Research compiled by Johns Hopkins University suggests that there is no significant cause for concern, as viral mutations are within normal limits.

Mutations in viruses are commonplace. They are the reason we are supposed to get a new flu vaccine each year. However, the existence of multiple strains of COVID-19 can present new challenges in the push for immunity and the slowing of the global pandemic.

Some notable examples include:

• England’s B.1.1.7 variant, which has “spikier” proteins that bind more tightly than usual to our cells
• South Africa’s B.1.351, which may reinfect those who already have antibodies from prior COVID-19 infections
• A new variant recorded in California that may be more easily spread than other strains

Researchers are confident that the continual push for vaccinations and the development of different vaccines will help stem the tide of COVID-19 infections, regardless of the emergence of new strains.

The Nursing Home Lobby: Too Hard to Fight by Yourself

Reporters at The Intercept uncovered astonishing facts about the existence and persistence of the legal nursing home lobbyist regime. Throughout 2020, entities spent millions of dollars on the passage of “relief” bills like the CARES Act, which showered long-term care facilities with billions in funding and removed critical oversight measures.

According to attorney Toby Edelman with the Center for Medicare Advocacy, “there are some nursing home chains where the chain had more profits in 2020 than in 2019.”

Further, the Trump administration moved in March 2020 to cut back on nursing home inspection rates, and the money provided to these facilities often came with no quality of care requirements. In short, the lobby surrounding long-term care facilities has pushed for increased funding without oversight and with vastly reduced liability and accountability.

This is further evidence that you and your family should consider seeking counsel from skilled attorneys before pursuing justice. Nursing homes and long-term care facilities are backed by a lobby that continuously undercuts accountability and has the resources to stave off legal battles.

New Promises and Updates from the Biden Administration Bring Hope

Heading into March, the American people received good news on the vaccine front. Medical device giant Johnson & Johnson announced that its vaccine, developed in conjunction with Merck, gained approval from the U.S. Food and Drug Administration. This one has a slightly less effective prevention rate than others currently on the market at 85%, but its presence means that more people stand to have access to potentially life-saving vaccines.

That’s not the only good news, though. President Joe Biden announced that the country will have enough doses of COVID-19 vaccines by the end of May for every adult in the U.S. to get vaccinated, as reported by the New York Times.

Other important updates on the global pandemic include:

• A new Brazilian variant may infect those who have already been infected with the virus.
• Texas has announced a complete “re-open,” lifting all restrictions even as health officials warn of dire consequences.

Data Shows the Efficacy of Vaccines in Nursing Homes

There is excellent news this week, as the American Health Care Association / National Center for Assisted Living (AHCA/NCAL) reports a positive trend among long-term care facilities. The report finds a roughly 90% drop in new coronavirus infection cases:

• Average of 30,000 per week in December 2020
• Average of 3,000 per week now (March 2021)

Currently, nursing homes are experiencing their lowest infection levels since May 2020, when the coronavirus pandemic was just starting to get into full swing. Such statistics are extremely heartening.

Mark Parkinson, President and CEO of ACHA/NCAL, remarked on the drastic decrease in new cases. “I can’t tell you how happy we are about it,” he said. “It’s just absolutely astonishing.”

Still, there is work to be done. As many long-term care facility staff members remain reticent to get the vaccine, the organization has set a goal of vaccinating at least 75% of the nation’s nursing home staff by June 30, 2021.

This goal is achievable but formidable, as there are some long-standing suspicions of vaccines and the medical establishment among some of the most vulnerable communities.

New Research Sheds Light on Racial Disparities of COVID-19

A recent study reported in News-Medical suggests that complex, systemic factors are the root cause of the racial disparity of COVID-19 infection and death statistics in nursing homes. The study shows that these factors were actually NOT predictive of increased coronavirus risk:

• Low quality of care in the nursing home
• Citations from Medicare or Medicaid
• Overall health disparities between racial demographics

Instead, the study suggests that blame lies in the size of the nursing home or long-term care facility, as well as the infection rates in the surrounding communities.

The result is contrary to statisticians’ initial assumption that the likely cause of these differences between white and non-white communities could be traced to the health of the individual resident upon entry into the nursing home.

Dr. R. Tamara Konetzka, the senior author of the paper, summed up the group’s findings succinctly: “The whole [long-term care facility] sector was just unable to deal with a crisis of this magnitude,” she said. “If we want to prevent these nursing home deaths from happening again in the next pandemic, we have to seriously revisit the whole way we approach and fund long-term care.”

New Variant Found in Kentucky Nursing Homes

In an Eastern Kentucky nursing home, a new COVID-19 variant has broken out among residents. The bad news is that the virus has left five people in the hospital. Perhaps more alarmingly, one of those five people was previously vaccinated against the novel coronavirus.

Here’s what that may mean, as reported by the Louisville Courier-Journal:

• The new variant is somewhat resistant to the vaccine for the predominant strain.
• Vaccines do still lower your risk of contracting the virus.

As of the time of this writing, 41 people at the nursing home had contracted the new variant. Despite that seemingly high number, symptomatic expression of the disease was way down among those who were previously vaccinated.

Federal Nursing Home Recommendations Relax Amid Vaccines

In the first new guidelines issued by the federal government since September, officials have relaxed the recommendations for nursing home visits. While outdoor meetings are still preferred, the Washington Post reports that indoor visits are now officially endorsed “at all times and for all residents.”

Exceptions to the new rules include:

• When a non-immunized resident is in a nursing home with a less than 70% vaccination rate
• When the local community surrounding the nursing home has a rate of infection equal to or higher than 10%

Despite the new recommendations, visitors should still avoid visiting patients who currently test positive for the virus. Also, the relaxation of guidelines does not absolve nursing home administrators from the responsibility to engage in reasonable safety precautions. Failure to do so may be cause for a nursing home neglect lawsuit.

Optimism Rises in Nursing Homes, But There Is a New Normal

The AARP cites the Jewish Home Family as a prime example of the atmosphere in many of America’s nursing homes. At the New Jersey long-term care organization, residents and staff members celebrated the influx of vaccines with a series of festive activities. Staff gave out t-shirts to the vaccinated, residents swung at coronavirus-shaped piñatas, and many sported fun little stickers on their outfits.

Social activities (properly socially distanced, of course), have also begun to open up in the home, including gym visits and walks in the garden.

However, there is a sense that the future will not, and cannot, be the same as the past. Even before this latest pandemic, long-term care facilities across the nation suffered from a frighteningly high rate of infection control lapses. Many of these were considered minor at the time, but they directly led to the deaths of many thousands of residents once a sufficiently infectious virus (SARS-CoV-2) came onto the scene.

Silver Elliot, of the Jewish Home Family, stated the case simply as: “I think masking is going to be with us for a long time. I think my hands being raw from washing them 1,050 times a day is probably here to stay, too.”

Federal Stimulus Provides Billions to Nursing Home Alternatives

One of the takeaways of the coronavirus pandemic is that living in an institutionalized space, such as an assisted living center or nursing home, puts you at higher risk for infection. As part of a growing number of coronavirus relief bills, the federal government is allocating $12 billion to alternative care measures. The hope is that this will allow many disabled or ill people to receive the care they need without exposing themselves to unnecessary risk.

The Associated Press reports that the money is to be spread out among the next four fiscal quarters of this and next year. However, advocates for Medicare and Medicaid reform want to push for long-term, permanent legislation.

Said Medicaid expert MaryBeth Musumeci of the Kaiser Family Foundation: “I expect that this is going to be the first step toward additional focus on strengthening Medicaid home- and community-based services.”

New WHO Report Questions Origins of COVID-19 Outbreak

According to a somewhat controversial new World Health Organization (WHO) report, the initial outbreak of COVID-19 is likely to have occurred not in the Wuhan wet market, as originally thought, but in China’s wildlife farms. NPR reports that an investigative team considers the Wuhan market theory less likely than an origin on one of China’s rural exotic wildlife farms.

These farms have been promoted by the Chinese government for 20 years as a way to combat poverty in rural areas. They are effective, with the breeding and selling of exotic animals now an industry worth more than $70 billion. However, the government suddenly ordered the closure of these wildlife farms in February of 2020.

Disease ecologist Peter Daszak was part of the WHO’s investigative team. “China closes that pathway down for a reason,” he said. “The reason was, back in February 2020, they believed this was the most likely [origin of the virus].” The theory is that the wildlife farms, many of which supply the Wuhan market where an outbreak of coronavirus occurred, provided good conditions for the virus to “jump” from infecting bats to infecting another animal, eventually mutating to infect humans.

However, the U.S. government and a growing number of scientists around the world expressed some hesitation over the study. They argue that the two-week study was closely monitored and choreographed by the Chinese government and that access to free information is necessary before we can draw conclusions.

Pfizer/BioNTech Vaccine Effective in Teenagers

A new study reported by New York Magazine shows real hope for continued recovery from the horrors of COVID-19. Though the study has not yet been peer-reviewed, the initial findings seem promising. In the study, a group of 2,260 adolescents aged 12-15 received either a dose of the Pfizer vaccine or a placebo. Here are the relevant facts:

• Vaccines were 100% effective against symptomatic infection.
• Antibody response was significantly higher in this age group than in adults.
• Side effects were the same as those experienced by adults, namely:
• Fever
• Chills
• Pain
• General fatigue

The news is exactly what the medical community has been hoping to see. For a truly effective return to pre-lockdown normalcy, a vaccine will need to be available for children and adolescents. That’s especially true as schools start to reopen. These environments are close-quarters, and unvaccinated kids could lead to new outbreaks.

COVID-19 Brings Increased Risk of “Brain Disease”

A large study of more than 200,000 patients who survived novel coronavirus infections has found that the virus has higher associated rates of neurological disorders than other infections. According to reports by CNN, over one-third of all surviving coronavirus patients are expected to develop moderate to severe neurological conditions, with anxiety and mood disorders being the most common.

The study also found that this propensity to develop brain-related trauma after the infection is almost 50% higher than the associated risk of a flu infection. Simply put, the COVID-19 pandemic is expected to have even more long-term effects on our population than previously envisioned.

Experts also pointed out that psychological effects are far more prominent than severe neurological disorders. This may be due to isolation, increased hospital stays, and other external factors nonetheless associated with the illness.

One positive note is that COVID-19 has not been found to increase a patient’s risk of Parkinson’s or Guillain-Barré syndrome. Regardless, it is clear that mental health and neurological treatments are on the horizon for many victims of this pandemic.

The U.S. Is Set to Surpass Biden’s Vaccination Goals

There is some good news to celebrate as well. When President Biden took office, his goal was to have health officials administer at least 100 million vaccine doses in his first 100 days in office. The country has already surpassed that goal, with 150 million doses already administered.

President Biden has set a new goal of 200 million doses before the end of his first 100 days. This would require a rate of 2 million shots per day throughout the rest of the month. If this sounds like a tough order, note that the U.S. is actually already at an average of 3 million doses per day, which would put the country at over 225 million doses administered in the 100-day time frame if this current rate continues.

CNBC reports that April 3rd had the highest rate of vaccinations so far, with over 4 million doses administered. Over half of U.S. citizens aged 65 or older have been fully vaccinated, with 76% having received at least one dose of the vaccine.

Johnson and Johnson Vaccine Paused by FDA and CDC

Out of an abundance of caution, the Centers for Disease Control (CDC) and the Food and Drug Administration (FDA) have issued a pause on the Johnson and Johnson vaccine. As related in a joint official statement, the news comes on the heels of six reports of a rare type of blood clot associated with women aged 18-48 who had received the vaccine.

Here’s what we know:

• The issue has occurred in only six cases out of 6.8 million vaccinations.
• The blood clot is a CVST (cerebral venous sinus thrombosis).
• In addition to the development of the CVST, the women also experienced low platelet levels.

A CVST is a particular form of blood clot that cannot be treated in the usual way. Heparin is usually used to treat clots by thinning the blood. However, the use of this drug could be potentially dangerous for CVST, so alternative care is needed.

Far from confirming anti-vaccination sentiments, the news of a J&J vaccine pause should be seen as evidence that vaccine safety is taken extremely seriously. More research is being done on these effects, potential causes, and risk factors before the FDA and CDC make a decision about further use of the Johnson and Johnson vaccine.

Vaccination Rates in the United States Are Promising

Even as the world’s global death toll from COVID-19 breached the 3 million mark, there is some good news for the U.S., which has the largest number of cases in the world. According to NBC News, over half of American adults have received at least one vaccine injection. Roughly a third of our nation’s adult population is already fully vaccinated, having received the required number of doses.

Currently, the CDC and FDA continue to research the Johnson & Johnson vaccine’s risk potential. Their vaccine remains paused amid a small number of dangerous blood-clotting incidents possibly related to the dosage.

Travelling May Be Restricted This Summer

For nursing home residents, travel restrictions and warnings may not be especially relevant. However, family members who travel overseas or out-of-state run the risk of picking up the virus and transferring it to residents when they visit at a later date. Though summer is traditionally the time for school breaks and family vacations, many will need to set their sights closer to home this year.

According to NPR, the U.S. State Department has issued updated guidelines on travel risks and requirements. Travel advisories come amid widespread flare-ups of COVID-19 across the world, with many vacation hotspots also serving as loci of potential spread. The official news is that these guidelines will limit travel to roughly 80% of countries across the globe.

Johnson & Johnson Vaccine Gets the Okay from the CDC and FDA

Following this year’s earlier pause of the Johnson & Johnson vaccine for safety review, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have officially given the vaccine the all-clear. Concern mounted because of six reported cases of a rare blood clotting disorder discovered in vaccine recipients. However, medical and scientific experts have performed rigorous testing and analysis of available data during the recommended pause. The result is that the experts are convinced of the vaccine’s efficacy against COVID-19 and believe it to be reasonably safe for use.

Other elements of the FDA’s report include:

• The vaccine is approved for adults 18 years old or older.
• Both groups will continue to monitor the risk of blood clots as a side effect.
• The official guidelines for the vaccine now include a description and explanation of the extremely low blood-clotting risk.

This is good news as it allows more people to get the vaccine and reduce the spread of the novel coronavirus.

The Risk of Unvaccinated Staff in Nursing Homes

At this point in the pandemic, most of us are well aware of the high risk levels for nursing home residents. Unfortunately, that continues to be the case as many workers and staff members remain unvaccinated. One such case resulted in tragedy, as the AARP reports.

A COVID-19 outbreak occurred in a Kentucky nursing home, resulting in 50 residents becoming infected, some of whom were fully vaccinated. Three residents ultimately died from the disease, which has been traced back to a single unvaccinated worker. Many nursing home workers typically work for low pay and have few, if any, sick leave days. This contributes to vaccine hesitancy, as staff members are reluctant to risk even a short spell of illness that could result in a loss of work and income.

Failure of nursing home administration to provide a safe environment for residents could be a factor in a nursing home abuse or negligence lawsuit. If you believe that you or a loved one have contracted COVID-19 due to negligence, get in touch with Pintas & Mullins today.

New Evidence Suggests “Pathway” for Coronavirus into the Brain

The Los Angeles Times has released a report on new evidence obtained by research scientists regarding the potential for coronavirus infections to lead to lasting neurological conditions. Though the virus is known to be primarily a respiratory illness, many patients who have contracted COVID-19 report lasting symptoms, like “brain fog,” constant fatigue, and other neurological disorders even after they recover from the virus.

While this has baffled scientists up to this point, new research was conducted by Louisiana State University Health Shreveport molecular endocrinologist Diana Cruz-Topete and her team. After experimentation, the team discovered that the ACE2 receptors that allow infection from SARS-CoV-2 are present in both neurons and astrocytes (a type of support cell present in both the brain and spinal cord that outnumbers neurons five-to-one). Since astrocytes exist right up against the brain-blood barrier, their ability to become infected with the virus could provide an avenue into the brain.

However, there are some issues that arise from the study, including the fact that real-life viral infections in a living human body are far more complex than lab-initiated experiments. So, while these brain cells may be vulnerable to the virus, the virus may be unable to pass through the blood-brain barrier in the real world.

Other potential avenues for penetration into the brain include:

• Areas around the base of the skull
• The “area postrum” section of the brain stem, which lies outside the brain-blood barrier

More research will be conducted into the exact pathway the virus takes. In the meantime, the best policies will continue to emphasize infection prevention and spread limitation.

New Federal Reporting Mandate for Nursing Homes

As we continue to see vaccine reluctance among many nursing home staffers, the federal government will begin to require nursing homes to submit reports on vaccination levels. According to a report by Forbes contributor Howard Gleckman, only about half of all staff members in nursing homes and long-term care facilities have made the decision to get vaccinated.

Among the population of healthcare workers, Republicans, women, and black staff members are the most reluctant to get the vaccine (though reasons for this hesitancy differ). The reluctance has not spread to residents, thankfully, as more than 80% of nursing home residents have received vaccinations.

Facilities may also experience other complications in the coming months if trends continue. For example, the most recent jobs report shows a decline of nearly 900,000 nursing home jobs since the start of the pandemic. From an initial pool of 3.9 million workers, the industry now only boasts 3.04 million. These numbers suggest that many long-term care facilities may not be able to be “choosy” about their vaccinations. Requiring mandatory vaccinations for all staffers could push out a significant portion of the workforce, further lowering staffing levels and putting residents at risk.

The Biden Administration will start requiring reports from nursing homes in late May. With only a quarter of facilities saying they will mandate the shot as recently as mid-April (in a study compiled by the National Investment Center [NIC]), it may be some time before a fully vaccinated staff is a reality.

Ongoing Research Could Help Prevent Future Pandemics

HIV/AIDS research organization Duke Human Vaccine Institute has shifted some of its focus into a possible “pan-coronavirus vaccine,” according to Duke University. The intent of the vaccine is to help prevent future pandemics that stem from animal-to-human coronaviruses.

Essentially, the prospective vaccine operates by revealing a specific section of RNA viruses like the SARS-CoV-2 virus that causes COVID-19 to the vaccinated person’s immune system. The immune system then learns different variants of the viral segment, which is present in all coronaviruses that potentially jump from animals to humans.

The result, according to Duke Human Vaccine Institute Research Director Kevin Saunders, is that the immune system can “focus a response against that part of the virus, preventing the virus from being able to attach to cells, and hopefully preventing subsequent infection.”

Currently, the vaccine has a 100% success rate in animal testing, including primates that are closely related to humans in the evolutionary tree. The institute is eager to continue producing vaccine materials so that it can enter Phase 1 safety trials with humans as soon as possible.

Next steps include securing the necessary materials for mass-production of the vaccine, getting safety trials in order, and learning whether or not additional boosters would be needed.

Ongoing Research Could Help Prevent Future Pandemics

HIV/AIDS research organization Duke Human Vaccine Institute has shifted some of its focus into a possible “pan-coronavirus vaccine,” according to Duke University. The intent of the vaccine is to help prevent future pandemics that stem from animal-to-human coronaviruses.

Essentially, the prospective vaccine operates by revealing a specific section of RNA viruses like the SARS-CoV-2 virus that causes COVID-19 to the vaccinated person’s immune system. The immune system then learns different variants of the viral segment, which is present in all coronaviruses that potentially jump from animals to humans.

The result, according to Duke Human Vaccine Institute Research Director Kevin Saunders, is that the immune system can “focus a response against that part of the virus, preventing the virus from being able to attach to cells, and hopefully preventing subsequent infection.”

Currently, the vaccine has a 100% success rate in animal testing, including primates that are closely related to humans in the evolutionary tree. The institute is eager to continue producing vaccine materials so that it can enter Phase 1 safety trials with humans as soon as possible.

Next steps include securing the necessary materials for mass-production of the vaccine, getting safety trials in order, and learning whether or not additional boosters would be needed.

New Laws May Affect Nursing Homes

Spurred on by the lingering pandemic and its devastating toll on long-term care facility residents, many states have introduced legislation to help protect residents in the future. According to the PEW Charitable Trusts’ Stateline, studies have shown consistent exaggeration of staffing levels as a result of current lax regulations.

For example, Medicaid often accepted unverified staffing numbers from nursing homes, which experts say likely led to exaggerations and false information. To correct these issues, states are beginning to pass bills that require a certain number of hours of care given each day to each resident.

Advocates at the AARP point to New Jersey as a leader in this regard. Following the COVID-19 disaster, Governor Phil Murray passed laws that require:

• One Certified Nursing Assistant (CNA) per 8 residents during the day.
• One nurse or CNA per 10 residents during the evening.
• One staff member per 14 residents during night shifts.

Conversely, a New York bill would require nursing homes to provide a minimum of 3.5 hours of care to each resident, and another that awaits the Governor’s signature would require facilities to spend 70% of their budgets on patient care. Of that 70%, the bill sets aside 40% for the nursing payroll.

As we continue to climb out of the global coronavirus pandemic’s brutal abyss, it is good to see many states taking action. We hope that the push for justice and for protection of the elderly and infirm gains traction even as the spotlight shifts toward states’ post-lockdown reopening.

Pintas & Mullins Law Firm Is Here for You

At Pintas & Mullins Law Firm, we want to make sure you stay informed during this unprecedented pandemic. Check this blog post weekly for additional updates on restrictions, policies, and other information related to COVID-19 and its effects on nursing homes.

If you suspect that your loved one in a nursing home has been abused, neglected, or exposed to COVID-19 due to malpractice, contact the attorneys at Pintas & Mullins Law Firm to discuss your case. We offer a FREE evaluation and can help you learn about the possibility of litigation and compensation for you and your loved one.