State of Ohio settles wrongful restraint case that led to death of adult with developmental disabilities
Background
A 28-year-old disabled woman with severe autism was living in a group home operated by the State of Ohio. During a "meltdown” by the woman, an attendant attempted to restrain her and she lost consciousness. She went into a coma and later died.
Approach & Resolution
It was difficult to prove the cause of death because the woman was cremated, but there was evidence that the attendant used a prone restraint method to control her, a technique that is uniformly condemned as being dangerous.
The state initially believed the father did not have a claim. Making the case was challenging because there were no witnesses except for residents at the Home, who were deemed incompetent to testify by law. The court wouldn't honor a subpoena to bring them into court. The case finally went to mediation with a magistrate and a settlement was reached.