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Class action lawsuit filed against James Square Health and Rehabilitation Centre

A class action lawsuit could bring substantial change to the troubled nursing home, according to the filing attorney. (Brett Hall/CNYCentral)

A class action lawsuit has been filed against James Square Health and Rehabilitation Centre, claiming the facility continues to be negligent in their care.

While the Attorney General's office is not ready to speak about their investigation, attorney Jeremiah Frei-Pearson said they are sharing evidence they have found, hoping more people will speak up.

"Class action is the best way to protect everyone," Frei-Pearson said. "The reason there are so many individual lawsuits is that the nursing home keeps failing. When these failures are egregious you get wrongful death lawsuits and that is horrible. These class actions are ultimately required to protect the residents by getting a court order requiring them to have adequate staffing."

The suit is brought by both a current resident of the facility, and the family of a resident who they believe died because of poor care the resident received.

The attorney claims understaffing led to staff not regularly washing patients, leaving them in their own fecal matter and urine for hours at a time.

A lawyer representing James Square says they will not comment on pending legislation.

SEE ALSO | Feds find new violations at troubled James Square nursing home

Between March 2013 and February 2017, the state Department of Health has issued 110 citations to the nursing home.

Stan Wojciechowski took over as administrator of the facility in early 2017 and told CNYCentral.com he has turned his attention to concerns over under staffing and hired 25 registered nurses social workers and nursing aides.

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