Major update on class action over Covid-19 deaths in aged care facility but there’s one thing grieving families still are waiting on four years on

A daughter whose mother died of Covid in a care home claims grieving families who lost loved ones there are still seeking an apology four years later.

Joyce Parker’s mother Alice Bacon, 93, was the 100th person in Australia to die from Covid after an outbreak of the virus at Newmarch House near Penrith in Sydney’s west in April 2020.

More than seventy residents and employees tested positive for Covid after an employee had worked for six days with mild respiratory complaints.

Nineteen elderly residents died at the facility over a two-month period, prompting many of their families to launch a class action against nursing home operator Anglicare.

It was confirmed on Monday that these families will receive a payout as part of a confidential legal settlement.

Four years on, Ms Parker has revealed that families have still not received an apology.

“Anglicare – all they had to do was say sorry, we didn’t handle it properly,” Ms Parker told Nine News.

When asked if the organization had taken responsibility for what happened, she said: “Never.” Never’.

Alice Bacon’s daughter Joyce Parker (pictured) said Anglicare has not said sorry to the families who died of Covid four years ago

Anglicare later issued a statement to Nine News, apologizing to the families involved.

Mark Fahey was the lead plaintiff in the class action against Anglicare Sydney and the Nepean-Blue Mountains Local Health District, after his mother Ann, 76, became the 14th resident of Newmarch House retirement home to die from the virus in May 2020.

Her death came three weeks after an outbreak that began in April at the western Sydney facility, where 19 people died from the virus.

Atanaan Ilango, special counsel for Shine Lawyers class actions, confirmed the settlement on Monday, adding that it will hopefully provide family members with an avenue as they deal with their grief.

The law firm represented family members of six of the 19 residents who died of COVID-19, as well as others who died at the nursing home.

An earlier statement of claim in the case sought damages, interest and costs, plus “such further orders as the court may deem appropriate.”

The terms of the settlement have not been made public.

Nineteen residents died during Covid at Newmarch House (pictured), with some families joining a class action lawsuit against Anglicare and reaching a settlement

A coronial inquest into the deaths at Newmarch House took place in 2022 but has yet to produce findings.

A spokesperson for the Nepean-Blue Mountains Local Health District said a settlement in principle has been reached, but the terms remain confidential.

Settlements require a judge’s approval and the case returns to the NSW Supreme Court on November 15.