‘Take home’ lawsuits over COVID infections could be costly for U.S. employers

By Tom Hals

(Reuters) – U.S. businesses with COVID-19 outbreaks are facing an emerging legal threat from claims that workers brought coronavirus home and infected relatives, which one risk analysis firm said could cost employers billions of dollars.

The daughter of Esperanza Ugalde of Illinois filed in August what lawyers believe is the first wrongful death “take home” lawsuit, alleging her mother died of COVID-19 that her father contracted at Aurora Packing Co.’s meat processing plant.

The cases borrow elements from “take home” asbestos litigation and avoid caps on liability for workplace injuries, exposing business to costly pain and suffering damages, even though the plaintiff never set foot on their premises.

“Businesses should be very concerned about these cases,” said labor and employment attorney Tom Gies of Crowell & Moring, which defends employers.

The lawsuit against Aurora alleges that Ricardo Ugalde worked “shoulder to shoulder” on the company’s processing line in April when Aurora knew it had a coronavirus outbreak at its facility and failed to warn employees or adopt any infection prevention measures.

Aurora did not respond to a request for comment.

Between 7% and 9% of the roughly 200,000 U.S. COVID-19 deaths so far are believed to stem from take-home infections and the lawsuits could cost businesses up to $21 billion if the number of Americans fatalities reaches 300,000, according to Praedicat, a firm that evaluates risks for insurers.

Rob Reville, Praedicat’s chief executive, cautions that is a worst-case scenario and said the cases might cost far less, depending on how judges view the lawsuits.

The U.S. workers compensation system generally makes it difficult for workers to sue for COVID-19. The system caps liability for businesses and bars costly lawsuits in return for quick payments to employees, who do not need to prove fault.

But Esperanza Ugalde was not an employee of Aurora, so her family can sue the company. Depending on the circumstances, a successful wrongful death case can top $1 million in damages.

Take-home cases have been around for decades in asbestos litigation and courts have split on whether a business has an obligation to members of the public who have never been on their premises.

In 2013, a California jury awarded Rose-Marie Griggs $27.3 million in compensatory and punitive damages after she contracted mesothelioma that her lawyers argued was caused by asbestos fibers carried home in the 1950’s on the work clothes of her then-husband, who installed insulation for an affiliate of Owens-Illinois Inc.

The company appealed and two sides reached a private settlement before the appeal was heard.

CONTESTING THE ‘CAUSAL CHAIN’

Attorneys for both plaintiffs and companies said successful cases require a strong “causal chain” linking the sick family member to the worker and then to the business and the business’s alleged failure to adopt safety measures.

Miriam Alvarez Reynoso sued Byrne & Schaefer Inc, a manufacturer of electrical components in Lockport, Illinois, alleging negligence by the company led to her contracting COVID-19 and suffering “serious injuries to multiple organs.”

Reynoso’s lawsuit says she became infected while caring for her husband Servando Reynoso, a parts assembler at the company, who came home sick from work on April 8. It lists 18 categories of alleged shortcomings by Byrne & Schaefer, including failing to clean work areas and ignoring employees who said they had COVID-19 symptoms.

Company owner Tim Byrne said his five employees wore masks routinely before the pandemic to protect against dust and regularly used gloves.

“He was sick before anyone else,” said Byrne. “It’s difficult to prove after the fact.”

Lawyers said employers would likely be reluctant to settle the cases for significant sums until claims were vetted in the court system.

Peter Wozniak, an attorney with Barnes & Thornburg who represents employers, said the cases will test juror attitudes toward the behavior of plaintiffs, who need to show they protected themselves from other sources of infection.

“Are you always wearing a mask? Are you staying six feet away? Are you washing your hands,” he said. “It will be interesting and unpredictable with regards to people’s attitudes for individual responsibility.”

The best protection for business owners will be adopting and documenting measures to protect workers.

“If they had acted reasonably and if Aurora put these things in place prior to the death of Esperanza I don’t know if I would have taken the case,” said Bridget Duignan, who represents Ugalde’s daughter.

“But they did nothing.”

U.S. Midwest sees surge in COVID-19 cases as four states report record increases

By Anurag Maan and Lisa Shumaker

(Reuters) – Four U.S. states in the Midwest reported record one-day increases in COVID-19 cases on Saturday as infections rise nationally for a second week in a row, according to a Reuters analysis.

Minnesota reported 1,418 new cases, Montana 343 new cases, South Dakota reported 579 and Wisconsin had 2,902 new cases.

In the last week, seven mostly Midwest states have reported record one-day rises in new infections — Minnesota, Montana, Oregon, South Dakota, Utah, Wisconsin and Wyoming. Minnesota and Utah reported record increases two days in a row.

The United States recorded 58,461 new cases on Friday, the highest one-day increase since Aug. 7. The United States is reporting nearly 46,000 new infections on average each day, compared with 40,000 a week ago and 35,000 two weeks ago.

All Midwest states except Ohio reported more cases in the past four weeks as compared with the prior four weeks, according to a Reuters analysis.

Some of the new cases are likely related to an increase in the number of tests performed. In the last week, the country has performed over 1 million coronavirus tests three out of seven days — a new record, according to data from The COVID Tracking Project, a volunteer-run effort to track the outbreak.

However, hospitalizations have also surged in the Midwest and are not influenced by the number of tests performed.

Wisconsin’s hospitalizations have set new records for six days in a row, rising to 543 on Friday from 342 a week ago. South Dakota’s hospitalizations set records five times this week, rising to 213 on Saturday from 153 last week.

“Wisconsin is now experiencing unprecedented, near-exponential growth of the number of COVID-19 cases in our state,” Governor Tony Evers said in a video posted on social media.

Missouri, Nebraska, North Dakota and Wyoming have also seen record numbers of hospitalized COVID-19 patients in the past week.

Cases have also begun rising again in the Northeast, including the early epicenters of New York and New Jersey.

In New York, more than 1,000 people tested positive for COVID-19 on Friday for the first time since June 5, Governor Andrew Cuomo said on Saturday.

The United States recently surpassed 200,000 lives lost from the coronavirus, the highest death toll in the world.

(Reporting by Anurag Maan in Bengaluru and Lisa Shumaker in Chicago; Editing by Daniel Wallis)

Canada’s biggest provinces seek clamp down on social gatherings as coronavirus wave spreads

By Mahad Arale and Allison Lampert

TORONTO/MONTREAL (Reuters) – Canada’s two most populous provinces on Friday moved to clamp down further on social gatherings in a bid to slow a second wave of coronavirus cases sweeping across much of the country.

Ontario ordered the closure of bars and restaurants from midnight to 5 a.m. except for takeout and delivery and said strip clubs would have to shut down from Saturday.

Premier Doug Ford, whose government has already slashed the size of permitted gatherings indoor and outdoors, repeated his concerns that the majority of new cases were in people under 40.

“I can tell you I don’t see seniors going into nightclubs too often,” he told a daily briefing.

Health officials in Canada have been making increasingly gloomy comments in recent days. Theresa Tam, the chief medical officer, said on Friday that some local authorities could be overwhelmed unless the wave was curbed.

In Quebec, Health Minister Christian Dube urged residents to cut down on social interactions.

“We’re asking you to make a special effort for the next 28 days,” he told a news conference, saying the government did not want to close bars because people might then attend private parties that are harder to control.

Ontario and Quebec together account for 79% of the 149,094 cases reported in Canada so far and 93% of the 9,249 deaths.

In Ottawa, Prime Minister Justin Trudeau said Canada signed a deal with AstraZeneca PLC to buy up to 20 million doses of its COVID-19 vaccine candidate. It is among the leading candidates in the global race for a vaccine.

Procurement Minister Anita Anand said in an interview that the first doses were due in early 2021, assuming public trials went well.

Canada has now signed deals for a total of around 300 million doses of vaccine candidates from a number of major pharmaceutical firms.

(Additional reporting by Allison Martell in Montreal, writing by David Ljunggren; Editing by Aurora Ellis and Alistair Bell)

Colleges reopenings in-person likely added 3,000 U.S. COVID-19 cases per day: study

By Vishwadha Chander

(Reuters) – Reopening college and university campuses for in-person instruction during late summer this year could be associated with more than 3,000 additional cases of COVID-19 per day in the United States in recent weeks, according to a new study.

The findings call into question the practicality of face-to-face classes during the COVID-19 pandemic, and are important as colleges and universities plan their spring 2020 semesters, said researchers from the University of North Carolina at Greensboro, Indiana University, the University of Washington and Davidson College.

The findings are yet to be peer reviewed and have not yet been published online.

To track COVID-19 cases and study their association with students attending classes at college campuses, the team used location data from a database of cellphone users who agreed to share information. The information was gathered from July 15 to Sept. 13.

They also looked at COVID-19 infection rates in counties with campuses, before and after colleges reopened and students arrived.

The researchers noted significant increases in counties where colleges had reopened for face-to-face instruction, especially in and around campuses with students who came from areas with higher incidences of COVID-19.

“We are able to predict between 1,000 and 5,000 additional cases a day due to colleges reopening for face-to-face instruction, with our best estimate being somewhere around 3,219 cases a day,” said Ana Bento, a co-author of the study, from Indiana University’s School of Public Health.

The study did not go into how many COVID-19 cases were “imported” – or from students who arrived on campuses – and how many were local transmissions.

The team also pointed out that asymptomatic cases may not have been caught unless testing was done on campuses regardless of symptoms, and that the study did not look at measures taken by individual colleges.

(Reporting by Vishwadha Chander in Bengaluru; editing by Jonathan Oatis)

U.S. CDC reports 202,329 deaths from coronavirus

(Reuters) – The U.S. Centers for Disease Control and Prevention (CDC) on Friday reported 6,958,632 cases of the new coronavirus, an increase of 42,340 cases from its previous count, and said that the number of deaths had risen by 918 to 202,329.

The CDC reported its tally of cases of the respiratory illness known as COVID-19, caused by a new coronavirus, as of 4 p.m. ET on Sept. 24 compared with its previous report a day earlier.

The CDC figures do not necessarily reflect cases reported by individual states.

(Reporting by Dania Nadeem in Bengaluru; Editing by Vinay Dwivedi)

COVID-19 death toll could double to two million before vaccine in wide use: WHO

GENEVA/ZURICH (Reuters) – The global death toll from COVID-19 could double to 2 million before a successful vaccine is widely used and could be even higher without concerted action to curb the pandemic, an official at the World Health Organization said on Friday.

“Unless we do it all, (2 million deaths) … is not only imaginable, but sadly very likely,” Mike Ryan, head of the U.N. agency’s emergencies program, told a briefing on Friday.

The number of deaths about nine months since the novel coronavirus was discovered in China is nearing 1 million

“We are not out of the woods anywhere, we are not out of the woods in Africa,” said Ryan.

He said young people should not be blamed for a recent increase in infections despite growing concerns that they are driving its spread after restrictions and lockdowns were eased around the world.

“I really hope we don’t get into finger wagging: it’s all because of the youth,” said Ryan. “The last thing a young person needs is an old person pontificating and wagging the finger.”

Rather, indoor gatherings of people of all ages were driving the epidemic, he said.

The WHO is continuing talks with China about its possible involvement in the COVAX financing scheme designed to guarantee fast and equitable access globally to COVID-19 vaccines, a week after the deadline for committing passed.

“We’re in discussions with China about the role they may play as we go forward,” said Bruce Aylward, WHO senior adviser and head of the ACT-Accelerator program to back vaccines, treatments and diagnostics against COVID-19.

He confirmed that Taiwan has signed up to the scheme, even though it is not a WHO member, bringing the total to 159 participants. Some 34 are still deciding.

Talks with China also include discussion of the world’s second-largest economy potentially supplying vaccines to the scheme, he said.

The UN agency published on Friday draft criteria for the assessment of emergency use of COVID-19 vaccines to help guide drugmakers as vaccine trials reach advanced stages, said WHO assistant director-general, Mariangela Simao.

The document will be available for public comment until Oct. 8, she said.

Earlier on Friday, a Chinese health official said the WHO had given its support for the country to start administering experimental coronavirus vaccines to people even while clinical trials were still underway.

(Reporting by Stephanie Nebenay and Emma Farge in Geneva and Michael Shields in Zurich; Writing by Josephine Mason in London; Editing by Hugh Lawson, Timothy Heritage, Kirsten Donovan)

Two charged in deadly COVID-19 outbreak at Massachusetts veterans’ home

(Reuters) – Two people were indicted for their alleged role in a COVID-19 outbreak at a Massachusetts veterans’ home that contributed to the deaths of at least 76 residents, the state’s attorney general announced on Friday.

A grand jury on Thursday indicted superintendent Bennett Walsh and David Clinton, the former medical director of the Soldiers’ Home in Holyoke, on charges of criminal neglect related to their work at the facility.

“We allege that the actions of these defendants during the COVID-19 outbreak at the facility put veterans at higher risk of infection and death and warrant criminal charges,” Massachusetts Attorney General Maura Healey said in a statement.

Healey said the charges stem from the two individuals’ roles in decision-making at the home that led to the consolidation of two dementia units into one.

The move placed symptomatic residents, including some who had tested positive for the coronavirus, and asymptomatic residents in close proximity,” increasing the exposure of asymptomatic veterans to the virus,” officials said.

“We believe this is the first criminal case in the country brought against those involved in nursing homes during the COVID-19 pandemic,” Healey told a news conference.

(Reporting by Maria Caspani, additional reporting by Peter Szekely, Editing by Chizu Nomiyama)

The ventilators never came: How graft hampered Brazil’s COVID-19 response

By Gram Slattery and Ricardo Brito

RIO DE JANEIRO (Reuters) – As COVID-19 patients flooded Rio de Janeiro’s public health system from early April to late May, Dr. Pedro Archer found himself making gut-wrenching decisions.

People struggling to breathe needed ventilators, he said, but there weren’t enough to go around; those with a slim chance of recovery were passed over.

“Every shift it was like that,” said Archer, a surgeon at a municipal hospital in Rio de Janeiro, a metropolis of 6.7 million people anchoring a state of the same name. “Sometimes, I would give them sedatives just so that they didn’t suffer. Eventually, they would pass away.”

Some of those deaths, state and federal prosecutors now say, may have been avoidable. They allege that top officials here sought to pocket up to 400 million reais ($72.2 million) via corruption schemes that steered inflated state contracts to allies during the pandemic. The deals, they said, included three contracts for 1,000 ventilators, most of which never arrived.

Rio state Health Secretary Edmar Santos was arrested July 10 and charged with corruption in connection with those contracts. A lawyer for Santos did not respond to a request for comment. Santos admitted to participating in various illicit schemes involving rigged public tenders, according to confidential court documents prepared by federal investigators laying out the alleged scams, which were reviewed by Reuters. He is now a cooperating witness in the probe, the documents said.

Separately, a federal judge suspended Rio state Governor Wilson Witzel from office on August 28 out of concern he might interfere with the investigations. Witzel is also facing impeachment proceedings over alleged graft.

He denied wrongdoing in a statement to Reuters. Vice-Governor Claudio Castro, who took over for Witzel in August, did not respond to a request for comment.

Latin America has been hit hard by the pandemic, with over 8.9 million confirmed coronavirus cases as of September 24, according to a Reuters tally. Brazil alone has registered over 139,000 COVID-19 deaths, second only to the United States.

If the city of Rio were a country, its per capita mortality rate from the coronavirus would rank as the world’s worst, according to a Reuters calculation based on John Hopkins University data. More than 10,000 people have died from COVID-19 in this postcard city of sea and sand, and more than 18,000 statewide.

The region’s response to the pandemic has been hobbled by various factors, experts say, including poverty and crowded urban living conditions. Some leaders, including Brazil’s right-wing President Jair Bolsonaro, have played down the pandemic’s severity.

But the virus has also been aided by greed.

Similar to Brazil, investigators in Bolivia, Ecuador, Colombia and Peru have likewise alleged that officials there lined their pockets through pandemic-related graft schemes.

In court documents detailing the alleged scams in Rio, Brazilian prosecutors describe a series of inter-related criminal enterprises, in which emergency contracts for masks, coronavirus tests – even hand gel – were allegedly rigged.

Reuters reviewed hundreds of pages of prosecutors’ allegations, many confidential and not previously reported; and it interviewed more than a dozen medical professionals and good-government experts who condemned the opportunism they say has compounded coronavirus misery in Rio.

“The pandemic allowed governments to spend significant resources very quickly while internal controls were relaxed due to the emergency,” said Guilherme France, research director for Transparency International in Brazil. “It ended up creating a perfect storm for corruption.”

A representative of Witzel said the suspended governor increased internal controls in the Rio state government, adding that he had fired many public servants accused of “irregularities” during his time in power.

GHOST HOSPITALS

Rio state’s pandemic response called for seven field hospitals to treat COVID-19 patients. Officials at the state health ministry, known as SES, awarded contracts worth 836 million reais ($151 million) to a nonprofit health organization named IABAS to build the structures, which were to open by April 30. Just two have  opened so far, one in mid-May, the other in late June, well after the initial COVID-19 surge.

In late July, as the pandemic eased in Rio, one of those structures located in the working-class city of São Gonçalo was dismantled amid a lack of patients. All that remains is a large field, stripped of grass and littered with debris.

The IABAS contracts are part of an alleged kickback racket spearheaded by Mario Peixoto, a local entrepreneur arrested in May for reputedly defrauding the Rio state health system. Federal court documents submitted by prosecutors describe a complex scheme in which associates of Peixoto allegedly arranged for bribes to be routed to government officials to secure a variety of public health contracts, including the field hospitals.

Lawyers for Peixoto said he is innocent and did not participate in the field hospital deal. His trial is pending.

Federal prosecutors have not charged IABAS. But in confidential court documents they filed asking a judge to authorize the arrest of additional suspects, they said there was no “room for doubt” that IABAS’ winning bid was tainted by graft. Among the various irregularities cited by prosecutors: IABAS drafted its winning proposal before SES solicited offers.

IABAS told Reuters it won the hospital contracts by offering the lowest price. It said SES made frequent changes to the agreement, which slowed construction. IABAS said six of the seven structures were either completed or nearly finished in early June, when Rio state canceled its contract and took control of all the project sites.

In a statement to Reuters, SES disputed IABAS’ characterization of the progress it had made. It said four of the seven field hospitals were far from complete when the state took over.

SES declined to comment on IABAS’ allegation that the health ministry made frequent changes to the construction agreement. SES said it had saved more than 500 million reais ($90.3 million) by suspending payments to IABAS following the corruption allegations made by prosecutors. The ministry said it is cooperating with the investigation.

MISSING VENTILATORS

Prosecutors say Rio’s state government also rushed out ventilator contracts to three companies that had little or no relevant experience.

According to court documents summarizing prosecutors’ findings, Rio on March 21 awarded a little-known firm, Arc Fontoura, a contract worth 68 million reais ($12.3 million) to provide 400 ventilators for immediate delivery. State auditors have since determined Rio’s health ministry paid a nearly 200% markup from the market price.

Arc Fontoura had not previously contracted with the state, and tax documents indicated the firm’s annual revenue was no more than 4.8 million reais ($870,000), prosecutors said. The company’s registered address, Reuters found, is a small residence in a working-class part of the city.

When Rio received a small batch of the ventilators from the company at the end of March, hospital workers complained to SES that the machines lacked key components, prosecutors said in the court documents summarizing their findings. The documents did not make clear in which hospital the health workers were stationed.

Arc Fontoura did not respond to phone calls or e-mails or receive Reuters at its listed address.

On April 1, SES awarded contracts worth a combined 116 million reais ($20.9 million) to two other firms – MHS Produtos e Servicos and A2A Comercio – to supply 300 ventilators each.

Rio prosecutors quickly identified irregularities, according to court documents, starting with the timing of the companies’ bids.  The little-known enterprises submitted their proposals less than an hour after SES opened the tender, which was not advertised beforehand, a sign the firms had been tipped off, prosecutors said.

By May 8, Rio’s state health department said publicly that of the 1,000 ventilators it had ordered, just 52 had been delivered, all from Arc Fontoura. SES said in early May it had canceled its contract with A2A because of “the company’s inability to deliver” the ventilators. A2A did not respond to requests for comment.

MHS owner Glauco Guerra  denied wrongdoing. He said in an email that his company had significant experience providing services to federal agencies. He said he submitted his bid a day after the tender was opened, not within a few hours, as prosecutors had alleged. Guerra said SES entered his bid documents into its computer system in a way that led prosecutors to misinterpret the timeline.

He said 97 ventilators were delivered to SES on June 6, and that the agency later canceled the contract for the remainder. State prosecutors confirmed in public documents seen by Reuters that 97 ventilators ordered by MHS had arrived at a Rio airport in early June.

SES said in a statement to Reuters that all contracts signed “during the pandemic are being audited and revised,” adding that any irregularities will be punished. The ministry declined to comment on  MHS’ claim that its bid documents were entered into the SES system in a misleading fashion, citing ongoing investigations into the matter.

Archer, the surgeon, says his experience battling COVID-19 without enough ventilators has left him bitter.

During the peak of the pandemic in April and May, he said as many as 30 patients in his care were waiting for the machines. Many were too unstable to move to hospitals elsewhere and ultimately died, he said.

How many patients could have been saved, he wondered. How many did corruption kill?

“It’s very difficult to accept things you know are wrong,” Archer said.

(Reporting by Gram Slattery in Rio de Janeiro and Ricardo Brito in Brasília; Additional reporting by Rodrigo Viga Gaier in Rio de Janeiro; editing by Stephen Eisenhammer and Marla Dickerson)

U.S. CDC reports 201,411 coronavirus deaths

(Reuters) – The U.S. Centers for Disease Control and Prevention (CDC) on Thursday reported 6,916,292 cases of the new coronavirus, an increase of 41,310 cases from its previous count, and said that the number of deaths had risen by 1,136 to 201,411.

The CDC reported its tally of cases of the respiratory illness known as COVID-19, caused by the new coronavirus, as of 4 p.m. ET on Sept. 23 compared with its previous report a day earlier.

The CDC figures do not necessarily reflect cases reported by individual states.

(Reporting By Mrinalika Roy in Bengaluru; Editing by Vinay Dwivedi)

New York City moves to curb COVID-19 spread in new clusters

By Maria Caspani

NEW YORK (Reuters) – New York City officials said on Wednesday they were working to address a rise in COVID-19 cases in parts of Brooklyn and Queens that was raising “a lot of concern.”

Mayor Bill de Blasio said the new outbreaks, including a large cluster in three Brooklyn neighborhoods, accounted for about 20% of confirmed positive cases citywide.

“We’re seeing a serious uptick in multiple neighborhoods simultaneously and it’s something we have to address with a very aggressive public health effort right away,” de Blasio told reporters, adding that the Sheriff’s Office and the New York Police Department would help tackle the spread.

Dr. Mitch Katz, the CEO of New York City’s public healthcare system, said the city would distribute masks, gloves and hand sanitizer while officials will ask religious leaders to reinforce key public health messages.

Robocalls in English and Yiddish and sound trucks will urge residents to physically distance and wear a face covering, Katz said. Brooklyn is home to many Orthodox Jews, a community that has been hard-hit by the coronavirus and where compliance with restrictions has been at times problematic.

After becoming the global epicenter of the pandemic in the spring, the city’s positive test results have fallen to below 1%.

However, in the borough of Queens, positive cases have risen to 2.24% in Kew Gardens and 3.69% in Edgemere-Far Rockaway. In Brooklyn, officials are concerned about Williamsburg, with a 2% positive rate, and a southern part of the borough that includes Midwood, Borough Park and Bensonhurst that officials are calling the Ocean Parkway Cluster, where the positive rate is 4.71%, the health department said.

Overall, there has been a slight uptick in coronavirus cases in New York City over the last two months. On Sept. 14, the city reported 380 new cases, the highest since July 20.

However, the average percent of tests coming back positive has remained virtually unchanged since August, according to city data.

(Reporting by Maria Caspani; Additional reporting by Jonathan Allen; Editing by Lisa Shumaker)