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Informative Links About the Victims of the Rolland Lawsuit Facing Life Threatening De-institutionalization

Latest Updates

03/10/2009

by Louis Putterman
 
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.

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