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Lawsuit: Family Of NJ Covid-19 Victim Sues PATH Over Alleged Lack Of PPE

The family of a PATH worker who died of COVID-19 complications filed a lawsuit for wrongful death saying that the railroad failed to supply adequate PPE or facilitate testing, reports say.

PATH Train in Newark

PATH Train in Newark

Photo Credit: Wikipedia (EveryPicture)

Robert Elijah, 61, of Aberdeen -- who worked for 18 years as a Power Rail Mechanic -- died of COVID-19 complications April 23. He was one of two Port Authority of New York/New Jersey employees to die from the virus, NJ.com reports.

Elijah contracted the virus after hugging a coworker in Jersey City on March 15, who later tested positive, says the suit -- filed in Hudson County Superior Court.

“Mr. Elijah’s death is a tragedy for PATH and for the Port Authority,” said authority spokesperson Cheryl Ann Albiez. The Port Authority does not comment on pending litigation, she said.

Elijah was not wearing a mask at the time he was believed to have contracted the virus, as employees were asked to avoid wearing them unless “performing their specific job function,” according to the suit.

The suit further alleges that despite union requests, PATH did not start to test workers for the virus until the middle of May, making the metro area commuter rail system the last to offer testing, the report says.

Elijah suffered from pneumonia-like virus symptoms for 20 days, and even admission to the ICU couldn’t prevent it from spreading to his other lung, the suit says.

Meanwhile, Elijah had to undergo dialysis and a plasma infusion after suffering heart and kidney failure. His immediate family was not allowed to visit him at Bayshore Medical Center despite testing negative for the virus, the report says.

The suit ultimately alleges that PATH “failed to provide a safe place to work, provide masks and hand sanitizer, timely quarantine workers who had been exposed to COVID-19 or provide prevention education.”

Click here for more from NJ.com.

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