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Media Release

Class action brewing over deadly COVID-19 outbreak

07 November 2020

Class Actions

The families of residents who died during a coronavirus outbreak at Cumberland Manor Aged Care in Melbourne’s western suburbs are registering their interest in a potential class action. 

The outbreak began in July with a total of 53 residents and 54 staff ultimately infected. 11 residents lost their lives. 

Shine Lawyers will allege the nursing home had inadequate infection prevention and control measures in place. 

The facility in Sunshine North was sanctioned in August with the Aged Care Quality and Safety Commission warning it was at risk of losing approval to provide a government-subsidised service. 

The regulator called for a lifting of standards and appointed an advisor to manage the situation. 

Special Counsel Thomas Bradley said Shine Lawyers was investigating a class action that would seek damages for the psychological injuries grieving relatives have sustained. 

“We will be seeking damages for medical expenses, lost income, and – in some cases – pain and suffering,” Mr Bradley said. 

“We allege Cumberland Manor had a duty of care to residents and was negligent in failing to provide them with a safe and comfortable environment consistent with their needs,” he said. 

“Our clients say there was a lack of communication about their sick loved ones and the failure to disclose relevant information regarding their health will also form part of this case.” 

Nellie Giacca, whose 89-year-old mother Nicolina Manuele died from coronavirus at the nursing home, said Cumberland Manor failed its vulnerable residents. 

“I would get calls from Mum every day and she was so scared, distressed and alone,” Nellie said. 

“I couldn’t go inside the home so I would wave at her through the window of her room,” she said. 

“I’m speaking up because the system let down my mother and other residents and someone needs to be held accountable.” 

Relatives of residents who died from coronavirus at Cumberland Manor could be eligible to join a class action and are encouraged to register their interest on 1800 560 659. 

To learn more about the Cumberland Manor Coronavirus Class Action Investigation and find out if you are eligible to join, please click here.

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