7 September 2023: DOJ: New Jersey Failed Veterans in State-run Nursing Homes During COVID Pandemic

Justice Department: New Jersey failed veterans in state-run homes during pandemic

The U.S. Department of Justice issued a report slamming the state government of New Jersey's response to the COVID pandemic in the nursing homes for veterans it ran under the administration of Governor Phil Murphy. Here's an excerpt from Misty Severi's report in the Washington Examiner:

The Justice Department condemned New Jersey's handling of veterans at state-operated homes during the COVID-19 pandemic, claiming the state was not prepared to handle the health crisis in a new 43-page report published Thursday.

The department said two veteran homes in particular had problems with communication and a lack of competency in the staff, which resulted in the virus running "virtually unchecked" throughout facilities in Menlo Park and Paramus. The failures in operations are said to have resulted in the deaths of 200 residents.

“Those who served to protect this nation and their families are entitled to appropriate care when they reside at a veterans’ home,” U.S. Attorney Philip Sellinger said in a statement.

“The Paramus and Menlo Park veterans’ homes fail to provide the care required by the U.S. Constitution and subject their residents to unacceptable conditions, including inadequate infection control and deficient medical care. These conditions must swiftly be addressed to ensure that our veterans and their families at these facilities receive the care they so richly deserve.”

The report also found that even after the Department of Veterans Affairs arrived in New Jersey to help in April 2020, the state Veterans Affairs office failed to implement the recommendations that would reform infection control. The state admitted its failures and negligence in a $53 million settlement in 2021, but Gov. Phil Murphy (D-NJ) has not commented on the new report.

Here's the conclusion to the report itself:

The Department has reasonable cause to believe that New Jersey violates the constitutional rights of the residents of its Veterans Memorial Homes at Menlo Park and Paramus by failing to implement infection control protocols and failing to provide adequate medical care. We look forward to working cooperatively with the State to reach agreement on the remedies for these violations.

We are obligated to advise you that forty-nine days after issuance of this report, the Attorney General may initiate a lawsuit under CRIPA to correct the deficiencies identified in this report if State officials have not satisfactorily addressed our concerns. 42 U.S.C. § 1997b(a)(1). The Attorney General may also move to intervene in related private suits fifteen days after issuance of this report. 42 U.S.C. § 1997c(b)(1)(A). Please also note that this report is a public document. It will be posted on the Civil Rights Division’s website.

In short, the DOJ indicates the state of New Jersey has seven weeks to correct what it finds are continuing deficiences at the state government-run nursing homes for veterans, or else it will sue them. In doing that, the DOJ is forgoing pursuing any criminal charges of negligence, manslaughter, or homicide against New Jersey state officials or employees whose misconduct contributed to hundreds of excess COVID deaths at the two state government-run veterans homes the DOJ itself acknowledges in its report.

In addition to the deadly mismanagement of the state government-run veterans homes during the COVID pandemic Murphy's administration essentially carbon-copied Andrew M. Cuomo's deadly 25 March 2020 directive. President Biden's DOJ has likewise declined to pursue any criminal charges against New Jersey officials who participated in implementing Murphy's version of Andrew M. Cuomo's deadly 25 March 2020 directive.

This entry was added to the timeline on 8 October 2023.