x
Breaking News
More () »

Austin family files wrongful death lawsuit against nursing home for woman's COVID-19 death

The family and their attorney claim a lack of infection control protocols led to her death.

AUSTIN, Texas — An Austin family is suing a local nursing home after their mother, Rachel Luna, passed away after contracting COVID-19.

The family and their attorney claim a lack of infection control protocols led to her death. The KVUE Defenders have been reporting on COVID cases and deaths connected to that nursing home since the early months of the pandemic.

Maria Ortega, Luna's daughter, said the facility could have protected her mother.

"Rachel Luna deserves to still be here, but God does things for a reason," Ortega said.

The last time Ortega and her family saw her mom was in March 2020. 

"She did say, 'Mija, you know I love you very much, right?' And I said, 'Oh mom, I know, I know you love us very much.' And that was the last time I talked to her," Ortega said.

In April 2020, Luna died from COVID-19.

"It was just sad because she was alone, you know, nobody was there to hold her hand," Ortega said. 

Luna lived at West Oaks Nursing and Rehabilitation Center in South Austin. Her family's attorney, J.T. Borah with the Carlson Law Firm, claims the facility didn't follow proper infection control protocols. 

RELATED: South Austin nursing home confirms staffer died days after KVUE Defenders pushed for answers on COVID-19 cases

"For many in the facility like Mrs. Luna, getting COVID was a death sentence," Borah said.

In a lawsuit, Borah states West Oaks didn't properly train staff about dealing with infections. According to Texas Health and Human Services, West Oaks was one of hundreds of Texas nursing homes that violated infection control protocols in 2020.

RELATED: Hundreds of Texas nursing homes violated infection control standards during COVID-19

"First thing is we want to find out what happened. Secondly, we want someone held accountable and third, we don't want this to happen anywhere else," Borah said.

"I miss her so much and I just want to keep her memory going," Ortega said.

The pain lingers for Luna's family because they believe it wasn't her time to go.

"I want people to know her and to know that she was loved and that she didn't die for nothing," Ortega said.

A spokesperson for the company that runs West Oaks told KVUE in a statement: 

"While we cannot comment on pending litigation, safety protocols were adopted at the onset of COVID-19 and continue to be enforced as they evolve. The health and well-being of our patients and staff remains our priority."

KVUE on social media: Facebook | Twitter | Instagram | YouTube

PEOPLE ARE ALSO READING: 

The second-best barbecue joint in Texas offers stellar meats and outdoor seating

Man said he was drugged, had phone stolen and bank accounts drained after bar hopping on West 6th Street

Austin-based Tequila 512 suing Kendall Jenner's 818 Tequila

Before You Leave, Check This Out