Family Of Falmouth Man Who Died From COVID Sues State For Records

FALMOUTH, MA — The family of a Falmouth father who died from complications of COVID-19 last year is suing the state for records that could link his death to an infected, unmasked coworker.

Brian Dailey served as the facility director at the Pocasset Mental Health Center before he died from complications of COVID-19 on December 31, 2020.

His former wife, Christine Dailey, of Plymouth, is filing the lawsuit in connection with a worker's compensation claim she has filed on behalf of the couple's two young sons, according to the complaint filed Friday in Plymouth Superior Court in Brockton.

Court documents show the Department of Mental Health's self-insurer denied Christine Dailey's claim for worker's compensation dependency benefits for her children.

If records show that Dailey's death is in fact linked to his workplace, the two young children, ages 9 and 11, will have a right to those dependency benefits.

Dailey is also suing to help cover her former husband's burial expenses.

The complaint says a staff member working for Dailey entered the facility without going through the required COVID-19 screening and was seen working while symptomatic and without a face mask at times from December 15 - 17.

The staff member tested positive for COVID-19 on December 16.

Court documents say Dailey tested positive for COVID-19 on December 27 and was quarantined at home until he was found dead on December 31.

According to a report from the Cape Cod Times, the state DPH did an assessment on January 15, 2021 "which pointed out shortcomings" in Pocasset's COVID policy and made recommendations for improvement.

A GoFundMe set up for Dailey said he was a dedicated friend and family man who enjoyed spending time with his two young sons.

The original goal of raising $5,000 for burial expenses has reached $23,100 as of Thursday.