Family of Roberta Place resident part of class-action lawsuit after deadly COVID-19 outbreak

Kelly Fitzsimmons is one of hundreds of people who have filed a class action lawsuit against Roberta Place, alleging gross negligence.

Eighty-seven-year-old Lenore Fitzsimmons was one of 71 residents who passed away during the COVID-19 outbreak at Roberta Place in Barrie.

Her daughter, Kelly Fitzsimmons, is one of hundreds of people who have filed a class action lawsuit against the home, alleging gross negligence.

Kelly recalls seeing her mother for the final time through a video call arranged by the Red Cross. “I hooked up with the video and I got to see her, but by then she was already laying down and she didn’t really even have enough air to speak... and it’s a tough way to say your good byes.”

For Kelly, the most important thing she says now is understanding what happened during the outbreak and why.

Lawyer Robert Durante says families are searching for answers about the period between Jan. 8 and Feb. 18, 2021. “They want to know why everyone became sick with COVID and why 71 people died,” he said.

He adds that pursuing the case collectively is the only realistic way forward for families. “Individually, these kinds of lawsuits are just too expensive to pursue.”

Durante, a lawyer with Oatley Vigmond Personal Injury in Barrie, is one of the lead lawyers involved in the class action. He says the lawsuit has been certified by a judge and is now allowed to proceed, though the defendants are appealing the decision.

He describes the outbreak at Roberta Place as highly unusual. “What happened at Roberta Place in that period of time is so out of the norm that it really speaks to something incredibly different. Can we say grossly negligent that happened there which caused Roberta Place to have this extraordinarily high infection rate and death rate compared to other long term care homes in the province.”

About 900 people are involved in the class action lawsuit.

Kelly Fitzsimmons says she isn’t concerned about how long the case takes to resolve. “It’s never been about the money. I don’t care if I get five cents,” she said. “I just want someone to say, ‘You know what, I made a mistake,’ and acknowledge that these people died.

CTV News reached out for comment from the owners of Roberta Place and were told no comment at this time.