With a horrific mortality rate of 37%* and with nearly 80%* [another death was reported today] of the residents of the Yukio Okutsu Veterans Home infected with COVID-19, Big Island Attorney Jeffrey Foster has filed a wrongful death suit on behalf of the sons of the late Chris Drayer, a decorated Vietnam veteran who lost his life after contracting the deadly virus at Yukio. The lawsuit against Utah-based Avalon Health Care and four of its affiliates, alleges that Chris Drayer died due to Avalon’s substandard care and non-existent health safety practices.
“Chris Drayer did not deserve to die at Yukio,” said Foster. “He died because Avalon failed to keep him safe. It is beyond belief that nearly six months after the onset of the worst pandemic in 100 years, a facility caring for the most vulnerable members of our community could fail to practice the most basic of protections for its residents. What the Avalon companies have done at Yukio represents a systemic failure to institute and follow established policies, practices and procedures that care facilities around the country have utilized to protect vulnerable residents.”
On Friday, Sept. 25, 2020, Avalon was removed as the contract operator at Yukio. U.S. Senator Brian Schatz, reacted to the news, declaring, “The recent reports have shown that Avalon is ill-equipped to operate the veterans’ home and contain this outbreak. Avalon has also been unwilling to take responsibility for their mismanagement, so this was the right decision.”
Since Avalon refuses to take responsibility for its mismanagement, families are left with more questions than answers as to why Avalon failed to protect their loved ones. The family of Chris Drayer was unwilling to accept Avalon’s refusal and with only one option to seek justice for their father filed the wrongful death lawsuit.
“Federal and State investigators found ‘very little evidence of proactive preparation/planning for COVID’ by Avalon and numerous errors and omissions at Yukio that caused the virus to spread unabated among the vulnerable residents,” Foster observed. “We will exhaust every resource to deliver the answers and justice sought by our clients. The 26 veterans at Yukio who have died due to COVID-19 appear to have been victims of Avalon’s gross mismanagement and we intend to hold the Avalon entities legally accountable.”
Drayer was a decorated honorably discharged veteran of the United States Army. He served two tours in Vietnam and was awarded numerous medals and commendations for his heroic service, including: the Bronze Star; the National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; and Army Commendation Medal as well as Meritorious Unit Citations.
Families of veterans can contact Foster’s Law Office at (808) 348-7800 for additional information.
*Another death was reported today, Wednesday, Sept. 30, 2020, at the Veterans Home that was not reflected in these percentages.