Lawsuit against Bloomington long term care facility alleges ‘gross negligence’ in COVID outbreak death

The 48-page lawsuit alleged the outbreak that caused Hill’s death was the result of mismanagement, misallocation of resources, understaffing, and repeated safety violations. (Photo courtesy: Heart of Illinois ABC)

By Heart of Illinois ABC

BLOOMINGTON – Bloomington Rehab and Health endured a COVID-19 outbreak in May 2020 that ended with 11 residents dead. One of those residents, 72-year-old Marlene Hill, is named in a lawsuit against the parent company of the Bloomington Facility, Petersen Health Care.

The Peoria-based company filed a motion to move the lawsuit to Federal Court on Monday.

Anita Martin of Bloomington is named as the plaintiff in the lawsuit filed November 20 by the Levin & Perconti law firm based out of Chicago. The lawsuit alleges Martin’s mother, Marlene Hill became sick while living at the long-term care facility and tested positive for COVID just days before she died.

The facility is accused of “gross negligence” in their response to COVID. The 48-page lawsuit alleged the outbreak that caused Hill’s death was the result of mismanagement, misallocation of resources, understaffing, and repeated safety violations.

The lawsuit also alleges the victim, Hill, did not have her vitals and health checked on by staff members from May 9-14 prior to a call to the hospital and her eventual death on May 15.

Martin is seeking “in excess of $50,000” to “compensate Marlene and her loved ones for the shocking and utterly reckless conduct of the Defendant nursing home.”

The lawsuit is being reviewed to determine whether it will be seen in McLean County Court where it was filed or moved to Federal Court. A representative from Levin & Perconti said they wish to continue to the case in McLean County Court.

At the time of publication, Petersen Health Care had not responded to requests for comment.

Heart of Illinois ABC can be reached at [email protected]

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