Wrongful Death Lawsuit against Tyson includes Allegations Plant Managers took Bets for Cash Payout on How Many Workers Would Get Virus
A lawsuit has been filed by the son of a Tyson employee, Isidro Fernandez, who succumbed to Covid-19 and died of the illness. Fernandez worked at the Tyson’s Waterloo, Iowa facility and died on April 26. Fernandez’ son alleges in his lawsuit that Tyson allowed “dangerous and unhygienic conditions and a failure to protect workers from the outbreak.”
The lawsuit includes allegations that supervisors were told not to share or report any information about sickened workers. Inside the plant, the lawsuit claims workers were rewarded for coming to work daily with a bonus. The lawsuit alleges the managers gave employees information that amounted to “fraudulent misrepresentations, gross negligence and incorrigible, willful and wanton disregard for worker safety.”
Court records show that local Sheriff of Black Hawk County Tony Thompson told Tyson to shutter the Waterloo plant before its April 12 two-week closure, but that the recommendation was ignored. The court documents further noted that Thompson said the facility conditions at the time “shook him to the core.”
The suit alleges manager John Casey told supervisors to ignore symptoms of Covid-19 and that employees “had to show up to work, even if they were exhibiting symptoms of COVID-19.” The lawsuit alleges Casey “directed supervisors to make their direct reports come to work, even if those direct reports were showing symptoms of COVID-19.”
In May, more than 1,000 employees out of 2,800 at Tyson’s Waterloo pork processing facility became ill with Covid-19, and six died.
Tyson is being represented by independent law firm Covington & Burling LLP, which is investigating the workers in the lawsuit. The company announced today it had suspended Tom Hart, the plant manager, without pay. Hart is accused of being the organizer of the betting pool along with Casey.
