MASS BRAIN INJURY PATIENTS FILE CLASS ACTION SUIT AGAINST THE COMMONWEALTH FOR LACK OF COMMUNITY-BASED CARE OPTIONS

Last year, in an unprecedented attempt to force the Commonwealth of Massachusetts to take action to normalize the lives of brain injury patients, four Bay State citizens and the Brain Injury Association of Massachusetts filed a class action lawsuit against the state and the Deval Patrick Administration. The lawsuit, filed in U.S. District Court in Springfield, MA, alleges that the Commonwealth has failed to provide community-based care for brain injury patients, thereby leaving thousands of severely handicapped residents to face a lifetime of nursing home confinement, a violation of federal law. The plaintiffs state that the lawsuit was filed as a last resort after decades of seeing no changes.

Advocates for the patients say approximately 2000 Massachusetts residents with severe brain injuries have asked to be moved to community based care, where they could live among friends and family, while simultaneously being afforded access to trained caregivers.

While some may believe this lawsuit to be rather tenuous, the plaintiffs argue that it is anything but. One of the plaintiffs, Catherine Hutchinson, who suffered a paralyzing stroke 11 years ago, says her life in nursing homes has left her feeling isolated, living a life with little privacy and freedom.

Presently, Massachusetts spends over $900 million per year on community-based, long-term-care-services. While this figure is steadfastly approaching $1 billion dollars, thousands of handicapped citizens are still living isolated lives in nursing homes. The lawsuit, therefore, does not seek to recover monetary damages, but rather it calls on the state to institute policy changes within the next five years to provide community care options to all brain injury patients.
Although only four plaintiffs are listed, the lawsuit seeks to represent all Bay State brain injury patients residing in nursing homes. The members of the class will ultimately be decided by a federal judge.

Representatives for the State have addressed the lawsuit with assurances that providing such care to brain injury patients is a priority for the Commonwealth and they would like to learn more about the individual concerns of patients and properly address them. This response was taken as a flat out rejection by the Plaintiffs, paving the way for an undoubtedly long legal battle.

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