Brain Injured Patients Sue State of Massachusetts

A class action lawsuit was filed yesterday in the United States District Court in Springfield Massachusetts against the Commonwealth of Massachusetts for failing to provide community based services to all brain injured patients who have have requested this accommodation. 

The suit filed by both individuals and by the Brain Injury Association of Massachusetts alleges that the State has failed to reasonably accommodate all requests by persons with a brain injury that are confined to institutions for community based services. As a result, the plaintiffs say, thousands of severely handicapped residents face a lifetime of nursing home confinement in violation of federal law.

Community integration and community support is essential for all individuals with disability who desire to leave the prison of nursing homes and other facilities where they are being forced to live. 

According to news reports, one-quarter of the approximately 8,200 Massachusetts residents with severe brain injuries have asked to be moved to community-based care, where they could live with friends and family but have access to trained caregivers. The advocates say they filed the lawsuit as a last resort after decades of discussions have produced no results.

The plaintiffs do not seek any monetary damages. Instead, their lawsuit calls on the state to institute a policy within five years that provides community-care options for all patients with brain injuries, regardless of the severity of their disability.

Let's hope that this lawsuit produces the desired result and that all persons with disability be assured of the right to live in the least restrictive environment possible and be provided with the necessary accommodations to allow them to live independently.