Nebraska Advocacy Services - The Center for Disability Rights, Law, and Advocacy

Some of our cases make the headlines because of horrific circumstances which shock the conscience of our community. We were asked by a family to help them hold the State accountable for the wrongful death of their loving daughter and sister who was a resident in a state institution. She had a history of seizures and drowned when left unattended in a therapeutic whirlpool. We filed a lawsuit against the State of Nebraska because of the negligent disregard for her safety. In response, the State of Nebraska not only denied any responsibility in her death, it filed a counterclaim for $235,000 to recoup the cost of her care while she was living as a resident of the institution! We stood firm with the family and pressed forward with our effort to secure a measure of justice for the tragedy of her death. The State eventually agreed to drop its claim and to pay a fair and equitable amount to her estate for the loss of her life. Further, to bring honor and recognition to the value of her life and the lives of other people with disabilities, we persuaded the State to join with the family in placing a memorial in honor of her life next to the chapel on the grounds of the institution.

All of the success which NAS has enjoyed requires that we not forget that it calls for uncommon courage on the part of individuals with disabilities, such as that displayed by four women at the Hastings Regional Center who stepped forward to take control of an intolerable situation of institutional abuse. One of the most significant abuse and neglect cases that NAS has handled was Caroline C. On January 19, 1995, NAS filed a civil rights action in federal court on behalf of four women who were patients at the Hastings Regional Center. All of them had been subjected to repeated sexual and physical assaults by several male patients at the Hastings Regional Center. They turned to their care providers at the institution for protection, but their pleas for help were ignored. We filed a federal lawsuit and requested systemic reform and relief at the regional center to protect our clients from further harm and for changes in the provision of mental health services. The case was certified as a class action lawsuit and included all women who were or would be patients at the regional center.

Over the course of four years, we conducted extensive examination of documents, staff and officials responsible for the care and treatment of patients, and expert witnesses. We engaged in intense negotiations with state officials. Our efforts resulted in the creation of a court approved consent decree setting out significant systemic reforms which included: pre-admission screening of patients to determine if they had a history as a victim or perpetrator of sexual assault; establishment of a Women's Council composed of women patients to address concerns with the regional center administration; changes in the use of seclusion and restraint practices; the use of more appropriate mental health treatment approaches in the institution and the community.

In addition, NAS filed state tort actions to secure money damages for the injuries suffered by our four named clients. We negotiated cash settlements for the four women ranging from $75,000 to $120,000. With these settlement agreements, a modicum of vindication was achieved for the four courageous women who refused to be intimidated by their assailants and the indifference of their care providers.

Some of our cases don't make headline news but nonetheless have profound impact on individual lives. We assisted Charles, a 49 year old man who had been in the Developmental Disabilities System since childhood, to become his own payee. He always had a representative payee who managed his small Social Security disability benefit check and who had the final say on how Charles could spend his money. It was Charles' desire to become his own payee. He worked very hard and very diligently for two years to learn the basics of personal financial management – how to make a budget, how to balance a checkbook, how to decide what priorities needed to be made. When he came to our office, Charles was ready to become his own payee. We assisted him by securing the appropriate documentation and successfully advocated on his behalf to persuade Social Security to make him his own payee.

In another case, our client requested assistance to obtain payment from Medicare for repairs to her specialized wheelchair. The case was challenging because Medicare required proof of ownership in order to authorize payment for the repairs. Our client was unable to establish ownership of her wheelchair -- the original vendor had failed to properly submit a claim for the wheelchair to Medicare when it was purchased and a subsequent change in ownership of the vendor further complicated the chain of title. Following extensive research and negotiations we were able to secure adequate documentation to permit a second review of the claim by Medicare. The review was successful and the client obtained payment authorization for the repairs to her wheelchair.