Image: Yukio Okutsu State Veterans Home in Hilo. (Kelsey Walling/Tribune-Herald)
Lawsuit filed against Avalon in vets home COVID-19 death
News Source: Hawaii Tribute Herald
The family of Chris Drayer, a veteran who died from COVID-19 at Yukio Okutsu State Veterans Home, has filed a wrongful death lawsuit against Avalon Health Care Group, the facility’s management. The lawsuit, filed by Jeffrey Foster, attorney for Drayer’s sons Noah Bennett-Drayer and Daniel Bennett-Drayer, alleges that Avalon’s failure to implement basic protections led to Drayer’s death. Drayer, a decorated U.S. Army veteran who served two tours in Vietnam, tested positive for COVID-19 on August 28 but his family was not notified until August 31. Drayer’s family had planned to bring him home from the veterans home the week of his death.
The lawsuit cites critical reports from the U.S. Department of Veterans Affairs and the Hawaii Emergency Management Agency, which identified factors that might have aided in the spread of COVID-19 at the facility. Foster stated, “Chris Drayer did not deserve to die at Yukio. He died because Avalon failed to keep him safe.”
The suit alleges that Avalon owed a “duty of care” to Drayer and his sons, but breached that duty, resulting in Drayer’s wrongful death. It seeks a jury trial and damages, as well as court costs. Foster emphasized the goal of getting these issues in front of a jury to determine whether Avalon did what was necessary to protect residents.
Avalon spokeswoman Allison Griffiths emphasized that the health and safety of residents is their top priority and expressed sorrow for the lives lost. She mentioned that more than 60% of the recommendations made by the VA were in place at the time of assessment. However, she also noted that Avalon was surprised by many of the VA’s findings and the contention that there was little evidence of proactive COVID-19 planning.
The East Hawaii Region of the Hawaii Health Systems Corp. will take over operations and management of Yukio Okutsu from Avalon. Since the outbreak began, 71 residents and 35 employees have tested positive for COVID-19 at the veterans home.
