Publications & News

The Commonwealth’s Failure to Comply with Federal Law and Assist Persons with Brain Injuries to Live in the Community Leads to Class Action Suit

May 15, 2007

The Center for Public Representation, The Brain Injury Association of Massachusetts, and the law firm of WilmerHale will hold a press conference to announce the filing of a class action lawsuit against the Governor and other officials of the Commonwealth. The Complaint, which will be filed on Thursday, May 17 at 9:00 AM EST, will allege that these officials are violating federal law by failing to provide community services to nursing facility residents with brain injuries who want to, and are ready to, leave these institutions. According to their own treatment professionals, the named plaintiffs and hundreds of other nursing facility residents could return home and live in the community. They remain unnecessarily institutionalized, in segregated and expensive facilities, because community services are not in place. The suit alleges that over a thousand persons with brain injuries are being discriminated against in violation of the American with Disabilities Act, and treated in violation of the Medicaid Act, by being denied equal access to community support services in the most integrated setting appropriate for their needs.

Please join us to learn more about the Commonwealth’s failure to provide such services and support, why litigation is necessary, and how the citizens of the Commonwealth with brain injuries will benefit from such measures.

WHO: Sandy Julien, Guardian of Cathy Hutchinson, Plaintiff
Nickie Chandler, Guardian of Raymond Puchalski, Plaintiff
Arlene Korab, The Brain Injury Association of Massachusetts (Plaintiff)
Steven Schwartz, attorney, Center for Public Representation
Richard Johnston, attorney, Wilmer Cutler Pickering Hale and Dorr LLP

WHEN: Thursday, May 17, 2007 @10:00 AM EST

WHERE: WilmerHale, 60 State Street, Boston, MA 02109, 31st Floor