A couple who previously tested positive for the coronavirus along with an 80-year-old woman and have recovered may be able to live with the 80-year-old in their Wilshire Boulevard residential complex again, despite concerns from the homeowners association with which the couple was putting others at risk take care of him Your behavior earlier this summer was ruled by a judge on Wednesday.
Los Angeles Supreme Court Justice James C. Chalfant issued an injunction allowing Kim Leong and her husband Chandar Pandey to enter the Diplomat Condominium building and attend to plaintiff Lynn Thompson, who had dementia.
The order is valid until September 29, but the judge said he could rule differently next time if attorneys with Diplomat Condominium Association Inc. convince him Thompson does not have the mental capacity to bring a lawsuit, and that the caregivers were inconsiderate in their previous behavior.
Chalfant said Thompson, who lived with her carers in her Studio City home, always had the right to return to her condo and the only problem was the previous behavior of the carers.
Corey J. Spivey, one of Thompson's attorneys, praised the verdict, saying the judge recognizes the importance of Thompson in the company of her carers. He said the high-rise Diplomat building is closer to Thompson's doctors than Leong and Pandey's Studio City home.
The lawsuit was filed on Friday and was also named as a defendant. Diplomat Homeowners Association President Berna Lynn Warner, an attorney representing herself in the lawsuit. She said on an affidavit that she is a senior citizen with pre-existing conditions and that so are many residents and employees.
Warner also said Thompson lived only 2 1/2 days in the diplomatic building in the past five months.
According to the lawsuit, Thompson has dementia and dystonia, a neurological movement disorder that confines her to a wheelchair and requires 24/7 support from Leong and Pandey. Thompson needs the couple's help to bathe, eat and use the bathroom, the suit says.
At least one of the caregivers has been with Thompson almost every day for the past nine years, so both of them have a deep understanding of their needs, according to the complaint.
Thompson and caregivers were diagnosed with COVID-19 in late July, and she was briefly hospitalized and released on July 30, the lawsuit said. Since the nurses were mostly symptom-free and wanted to take care of Thompson, doctors recommended that the trio be quarantined in their home so that the plaintiff could continue to receive the care she needed, the lawsuit said.
Thompson fell ill with an unrelated illness on Aug. 1 and was rushed to hospital by paramedics who were told by caregivers that she and the plaintiff had the coronavirus, according to the lawsuit that said one of the paramedics gave the information to a diplomat Valet.
"The diplomat's manager … then called the nurses and told them to leave the building immediately," the suit reads.
The HOA president subsequently said Thompson and her supervisors could return to the diplomat, but only if they agree to provide COVID-free test results generated within 48 hours of entering the building and for 14 days quarantined in Thompson's unit states.
During the quarantine, the carers made few trips out of the unit, wore masks in common rooms, washed hands before and after entering common areas and, according to the suit, never came into close contact with anyone other than each other Leong's only trip out of the unit was this To get Thompson's oxygen in the middle of a night.
According to Glen L. Kulik House Owners Association court records, Leong and Pandey used the diplomat's two elevators and walked down the hallways, lobby and garage without telling the facility manager that they were infected.
"They exhibited persistent, reckless behavior that endangers the health and safety of all residents and employees who have to share elevators, narrow hallways, and other public areas," said Kulik. "A large percentage of the population are elderly. Many have health problems and are therefore at high risk."
Contrary to what the carers are now saying, Pandey has been in and out of the building about 20 times, and both he and Leong took a child into the skyscraper who, according to Kulik's court files, saw playing in the hallway.
Kulik told the judge he could present video evidence and statements from staff and residents about the caregivers' alleged reckless behavior for the next hearing. He said there was not enough time to put the information together by Wednesday.
Kulik also told the judge that given the mental state of Thompson, due to the lack of an explanation stating she was responsible for her lawsuit, he was wondering if she even knew the case was brought.
In his court records, Kulik said the homeowners association "suspects Ms. Thompson's life is under the control of" Leong and Pandey, who have clung to her and are in charge for their own reasons and for their own benefit.