Families Sue Bria Of Geneva Alleging Negligence Amid Coronavirus

GENEVA, IL — Bria of Geneva, one of the Illinois nursing homes hit hardest by the coronavirus outbreak, is facing multiple lawsuits alleging its failure to enact preventative measures led to residents’ deaths. The families of two residents who died at the facility filed lawsuits Monday and Tuesday.

The lawsuits allege Bria of Geneva officials did not conduct enough testing and didn’t isolate residents who tested positive for the coronavirus, according to attorneys Peter Flowers and Michael Lenert. The facility also failed to provide enough protective gear for residents and employees and did not enforce social distancing, the lawsuits allege.

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As of May 15, 112 residents and staff members have tested positive for the coronavirus, according to statistics from the Illinois Department of Public Health. At least 25 residents — more than a quarter of all residents at the facility — have died, according to a report by ProPublica Illinois.

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At the beginning of May, Bria of Geneva officials revealed 75 of 90 residents and 36 of 45 employees had the coronavirus. Fifty residents and 33 staff members have either recovered or are asymptomatic, the report states.

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A lawsuit brought by Lucille James’ family alleges Bria of Geneva took too long to test residents after recording its first confirmed case on April 17. The facility received testing kits about a week later, the lawsuit states.

James, 80, experienced symptoms of an upper respiratory infection in March and was diagnosed with pneumonia last month, but she wasn’t isolated from other residents or tested for the coronavirus immediately, the lawsuits alleges. James, an Aurora native who raised her children in Batavia, died May 1.

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"When she was finally tested, she was pretty much unresponsive," James’ daughter Donna James told the Aurora Beacon-News.

Pamela Colwell filed a lawsuit Monday in Kane County Circuit Court alleging the facility’s failure to isolate a resident with coronavirus led to her mother, Helen Osucha, becoming "gravely ill." Colwell’s lawsuit does not name the resident who was not isolated, but ProPublica confirmed that resident was Lucille James.

Osucha, 97, lived at Bria of Geneva for about a year until her death from coronavirus-related conditions on April 26. Bria of Geneva officials did not tell Osucha’s family she was sick until after her death, according to Flowers and Lenert.

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"They didn't do anything to protect their residents. When they knew of a pending problem, they didn't follow even the Illinois Department of Public Health's suggestions," Flowers told ProPublica. "Our contention is that they were grossly negligent in how they took care of their patients. That is why so many of their patients have died."

Bria of Geneva officials said in a statement they have been abiding by guidelines from the IDPH and the Kane County Health Department, noting those guidelines have evolved over time.

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"Because testing was not immediately accessible, the high number of asymptomatic carriers among residents and staff created a silent enemy impossible to detect and difficult to defeat," a Bria of Geneva spokesperson said Tuesday in a statement. "We remain committed to providing compassionate care to our residents."

Lenert told the Aurora Beacon-News he expects additional lawsuits to be filed against the Bria of Geneva senior living facility.