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Geriatic Horror Legal Battle Over Nursing Home Covid Deaths

The courtroom buzzed with tension as the legal battle unfolded over the tragic deaths of ten residents at the Apart Los Incas nursing home in Belgrano during a massive Covid outbreak in April 2020. The defense teams representing Carla Raffo, the medical director, and the nursing home owners, Hugo Visca and Daniela Alejandra Gonzalo, took center stage on Tuesday. Their plea was clear – they sought acquittal for their clients.

According to Ignacio Trimarco, the prosecuting attorney, the defense for Visca and Gonzalo indirectly alluded to a case of force majeure due to the global pandemic.

“They didn’t say it outright, but their strategy revolved around this being a worldwide pandemic, claiming they couldn’t have foreseen such a situation,”

explained Trimarco. However, from the prosecution’s perspective, this argument is unlikely to sway the court. As Trimarco emphasized,

“If they had followed regulations and duties diligently by activating protocols promptly upon virus detection – calling emergency services – we wouldn’t be facing this tragic outcome.”

The trial that commenced on May 19 is now approaching its final stages. The next session will feature Paula Trunzo’s defense – a former City Government official accused of failing her public duties. Subsequent arguments and counterarguments will follow before the tribunal schedules further proceedings towards concluding the trial.

During Monday’s hearings, both the prosecution and four plaintiff parties presented their cases. The prosecution sought convictions for four defendants (each with varying penalties) while advocating for Trunzo’s acquittal. Notably, demands ranged from three to eight years of imprisonment for Luis Daniel Megyes; three to six years for Visca and Raffo; and three years for Gonzalo and Alicia Haydee Allegue – another owner – alongside disqualifications.

Trimarco clarified that

“the prosecution requested dropping charges against Trunzo since existing legislation limited her actions at that time.”

He also highlighted how this trial could set a precedent:

“I believe it’s a landmark case that led to changes in laws governing inspections at nursing homes; oversight has become stricter with harsher penalties for non-compliance.”

Five years after evacuating Apart Los Incas following complaints from families and ten Covid-related deaths, the legal proceedings commenced. The accused include owners Megyes and Visca responsible for facility management; Raffo as medical director; Trunzo tasked with overseeing these institutions as a former city official; along with Gonzalo as president (Visca’s partner) and Allegue as vice president (Megyes’ partner).

Charged with aggravated manslaughter, negligent injury infliction, and violating health regulations are these couples along with Raffo while Trunzo faces accusations of dereliction of duty in her regulatory role.

Sergio Federovisky played a pivotal role in unveiling his mother Delia Ivanac’s plight amid witnessing every courtroom session carrying her memory close. His alert about total neglect over one weekend in April 2020 when only an electrician, maintenance worker,
and nurse attended over a dozen residents crystallized into tragedy.

Sharing his heart-wrenching account about his mother’s accident leading to pelvis fracture due to mishandling by an unqualified electrician on Friday night sets a stark backdrop revealing systemic issues predating pandemic strains like outdated medical records,
resident neglect concerning medical check-ups alongside pressurizing symptomatic staff into work.

As deliberations near closure within court confines yet anguish lingers among victims’ kin seeking justice through accountability verdicts against culprits ensuring reparation aligning fate toward closure.

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