DA investigating Hayward nursing facility where 13 died of coronavirus

The Alameda County District Attorney's Office said on Wednesday that it is investigating a skilled nursing facility in Hayward where 13 residents have died from the new coronavirus.

District Attorney spokeswoman Teresa Drenick said the district attorney's office began its probe of the Gateway Care and Rehabilitation Center before civil rights attorney John Burris announced on Monday that he's considering filing a lawsuit against the facility for allegedly being negligent in the recent death of 87-year-old resident Costell Akrie from COVID-19.

Burris also said the facility should be the subject of a criminal investigation. He said the conduct at the facility appears to be elder abuse at a minimum and criminal negligence and involuntary manslaughter at worst.

Burris said it is negligence if the facility operated below a certain standard of care.

Gateway nursing home in Hayward.

The family of Akrie is pleased that the district attorney's office has launched an investigation, Burris said. Drenick declined to provide any details about the investigation.

The 13 deaths at the Gateway Care and Rehabilitation Center are two more than Alameda County public health officials reported on Tuesday.

In addition to the 13 deaths, 41 residents and 26 staff members at the facility have tested positive for the new coronavirus.

Public health spokeswoman Neetu Balram said, "We are deeply concerned about the situation at Gateway. We are working with the state and hospital provider partners to target interventions."

A spokeswoman for the Gateway Care and Rehabilitation Center declined to comment on the patient deaths or the district attorney's investigation. 

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