Commonwealth Settles Class Action Lawsuit with Bay State Brain Injury Patients, Paving the Way for Community Based Care

After only a year, the Commonwealth of Massachusetts has settled a class action lawsuit with five named plaintiffs and two brain injury advocacy organizations. The suit, filed last year in Springfield, sought to compel the State to provide community based care to nursing home brain injury patients. Roughly 2000 of these patients alleged that their lives had become isolated and fruitless because they were confined to nursing homes, a violation of federal law.

Governor Deval Patrick’s administration and the plaintiffs reached a preliminary agreement where the 2000 brain injury patients residing in nursing homes will now be able to move toward community placements or other enhanced services. The agreement will cover those who have suffered sudden brain injury or unexpected illnesses – such as strokes, but will not cover those with congenital brain injuries or degenerative conditions such as Alzheimer’s.

By providing brain injured patients with better services, it puts them on par with other disabled groups in Massachusetts. The settlement calls for an assessment of those living in nursing homes. Depending on the evaluation, patients may then be considered for placements in a community setting or even their own homes with trained caregivers. Outreach programs will also be established and medical professionals will be educated on evolving programs.

The settlement calls for a tiered implementation. About 300 patients will be moved to community settings within three years, and 1,000 will then be moved annually. The programs will call for a $50 million investment from the state and the federal government.

With this landmark settlement, patients will now be able to live more convenient lives among family and friends, while also receiving better healthcare.

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