Attwood Marshall Lawyers encourage Earle Haven evacuees and their families to seek legal advice on RAD bonds, exit fees and other compensation, writes Legal Practice Director, Jeffrey Garrett.
Legal options for evacuated Earle Haven Retirement village residents
Attwood Marshall Lawyers are investigating the potential of an Earle Haven class action on behalf of former residents against the companies and or agencies involved in the operation, administration and management of Earle Haven nursing home.
Rights of redress for the affected residents and their families would be as follows:
1. Claiming a refund of any daily rate charges billed to the residents for expenses deducted from their bank accounts (these were in many cases billed in advance and were deducted from the residents’ bank account the day after the shutdown of the premises);
2. Recovery of any costs associated with moving from Earle Haven to any new facility including transport costs, daily rate costs incurred at the new facilities (which would be at the higher rate because of them not holding a refundable accommodation deposit) (RAD);
3. Applying to have any exit fees or deductions waived from any RAD paid to Earle Haven (the refundable accommodation deposits would range from $300,000 to $500,000 and quite often there are significant percentages of this amount that are lost if you pass away or move to another facility);
4. Damages for any psychological or physical injury suffered as a result of the sudden shutdown of the facility and failure to provide the usual sustenance and medical care required of the residents. The family members of the residents affected may also have a claim for damages for psychological injury resulting from the anxiety and stress in dealing with the sudden eviction of the residents;
5. Compensation for any losses suffered as a result of switching to alternate facilities, including any additional payments that are required for the RAD or any other associated expenses. There are also residences who will need to be kept in hospitals pending the availability of care facilities which could also incur further costs and out of pocket expenses as a direct result of the wrongful shutdown of the facility.