Family of mental health center employee who died sues state for records on COVID outbreak
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Brian Dailey had been working at Pocasset Mental Health Center, run by the DMH for about four years, when a December outbreak of COVID-19 infected at least nine staff members and nine patients, according to a statement in court filed by Christine Dailey’s attorney, John J. Morrissey of Braintree.
“It is believed that he contracted Covid at the Pocasset MHC based on the large number of staff members and patients that were infected with Covid and the failure of at least one staff member to follow Covid safety protocols during the outbreak,” the complaint says.
It says that a staff member working for Dailey in maintenance and housekeeping entered the facility without going through the required COVID-19 screening and was observed working while symptomatic and, at times, without a face mask during the period of Dec. 15-17.
The staff member received a positive diagnosis of COVID-19 after being tested Dec. 16.
Dailey was tested at work on Dec. 27 as a result of contact tracing by the facility, the lawsuit says.
“He tested positive and was ordered to quarantine at home. He complied with the quarantine and was found dead at his home on December 31, 2020,” according to the complaint filed in court.
“An autopsy determined the cause of death was complications related to Covid.”
The DMH’s self-insurer has denied Christine Dailey’s claim for worker's compensation dependency benefits for her children, according to court documents.
The lawsuit also says that the DMH refused to produce documents sought by the plaintiff even after being subpoenaed and ordered to do so by the senior judge of the Department of Industrial Accidents.