Federal appeals court agrees to hear Groton
families’ challenge. The U.S. Court for the First Circuit
has agreed to hear the appeal of the Rolland V. Patrick Settlement
Agreement by the Seven Hills Pediatric Center residents (spoken for
by their guardians). The residents are represented by Attorney Stephen
M. Sheehy of Lexington and Attorney Anthony Fiotto of the Boston law
firm Goodwin Procter. The court has scheduled a mandatory pre-argument
settlement conference to take place on April 7, 2009.
Groton families enraged by plaintiff attorneys’ assertions.
Families of Seven Hills residents were shocked and enraged by the
arguments submitted to the Court by the so-called plaintiffs’
attorneys advocating that the Groton families’ appeal should
not be heard by the court. The Groton families are convinced that
the plaintiffs’ attorneys knowingly used fallacious arguments
in their submission. First, the plaintiffs’ attorneys repeated
the claim that Groton residents who were members of the Rolland
plaintiff class between 2000 and 2008 had been informed of their
status and failed to object to the initial agreement. This statement
was made in blatant contradiction of the statements by the families
of the Pediatric Center’s residents and the management of
the facility that they had no notice of the case before 2008. Many
Groton residents were past age 18 and living in the facility in
2000 but not a single residents’ family was notified of the
case. Second, the plaintiffs’ attorneys’ shamelessly
repeated the argument that “class members who have moved from
pediatric facilities into community residences have often improved
and thrived.” This would show amazing ignorance of the real
conditions of the patients at Seven Hills Pediatric Center, who
have been through decades of therapy and intervention of every possible
kind, but for the fact that the plaintiffs’ attorneys have
full access to information about these patients. Many Groton families
reacted to the inclusion of these arguments in the plaintiffs’
attorneys’ brief by stating that they are now more convinced
than ever that “these people actively wish harm to”
their loved ones. The families say that in their zeal to reduce
nursing home populations, the life or death of the Commonwealth’s
lowest functioning and medically fragile patients is obviously of
no concern whatsoever to these de-institutionalization advocates.
The families are continuing their efforts to investigate past injuries
caused by the actions of the groups and individuals concerned.
Full speed ahead on transition services. Massachusetts’
Department of Mental Retardation is pressing at least twenty families
of Seven Hill Pediatric Center residents to accept “transition
services” for their loved ones. Most of these families have
told DMR that they refuse any additional activities for their loved
ones that are tied to an ultimate goal of moving them into group
homes against their wishes.
Court monitor not satisfied. The Rolland Court
Monitor, Lynn Rucker is reported to have questioned non-inclusion
of some Seven Hills Pediatric Center residents on the Rolland Community
Placement List by DMR.
Governor Patrick refuses to respond to Groton families.
Since learning about the Commonwealth’s actions on the Rolland
suit in May, 2008, families of the Groton residents have been attempting
to appeal to Governor Deval Patrick to step in and protect their
loved ones. Letters from Seven Hills Pediatric Center Family Council
leaders were delivered to the Governor’s office in early September,
and since that time, the families have been inquiring through a
state senator’s office as to why no response has been received.
In early March, 2009, they were told by a contact of the senator
in the Governor’s office that the Governor would have nothing
to say about the matter.