AGXStarseed
Well-Known Member
(Not written by me)
A Sioux Falls family is suing a children's hospital and school for the treatment of their autistic son, who they say was improperly and harmfully restrained more than 130 times by staff.
Neil Graff and his wife, Debbie, filed suit in 2013 against Children's Care Hospital and School (now known as LifeScape) on behalf of their son, Ben, who was a student there. Opening statements for the jury trial are scheduled to begin Tuesday. The trial is scheduled to last up to three weeks. Testimony from family, mental and behavioral health experts and direct caregivers is expected.
Ben Graff, who was diagnosed with global developmental delays and autism, was at the facility from March to September 2010, according to court documents.
In that time, there were more than 130 documented records of restraint use, many of which were "lengthy in duration," according to the lawsuit. Graff was transferred to be a day student in September 2010 before being discharged later that same month.
The type of restraint used, prone, was later prohibited under administrative rules, according the lawsuit. Prone restraint involves bringing a person to the floor face-down and restraining them there past the period of immediate struggle, according to Disability Rights California, a non-profit advocacy group for people with disabilities.
Because of the institution's "acts and omissions," and its "failure to exercise reasonable care," Ben suffered physical and emotional pain, according to the lawsuit. His behavior became "more difficult as a result of the trauma" from the restraints, according to the lawsuit. The suit also alleges that the restraints were used without proper supervision, training, control and documentation.
"The use of restraints on a long-term and repeated basis, and in the method and time utilized, have resulted in serious and permanent damage to Ben," the lawsuit states, and caused "fear, confusion, and physical and mental injury."
The Graffs in the lawsuit also say they were not informed of the restraint use, and that lack of information contributed to the damages they and Ben suffered.
Children's Care Hospital and School became LifeScape in 2014 after merging with South Dakota Achieve.
The Graffs are a well-known family in Sioux Falls. Neil Graff, a Lincoln High School graduate, is a former NFL quarterback who spent six years with five teams, including the Minnesota Vikings and Pittsburgh Steelers.
The former University of Wisconsin standout is also a member of the South Dakota Sports Hall of Fame.
Source: Sioux Falls family seeks damages for facility's treatment of autistic son
A Sioux Falls family is suing a children's hospital and school for the treatment of their autistic son, who they say was improperly and harmfully restrained more than 130 times by staff.
Neil Graff and his wife, Debbie, filed suit in 2013 against Children's Care Hospital and School (now known as LifeScape) on behalf of their son, Ben, who was a student there. Opening statements for the jury trial are scheduled to begin Tuesday. The trial is scheduled to last up to three weeks. Testimony from family, mental and behavioral health experts and direct caregivers is expected.
Ben Graff, who was diagnosed with global developmental delays and autism, was at the facility from March to September 2010, according to court documents.
In that time, there were more than 130 documented records of restraint use, many of which were "lengthy in duration," according to the lawsuit. Graff was transferred to be a day student in September 2010 before being discharged later that same month.
The type of restraint used, prone, was later prohibited under administrative rules, according the lawsuit. Prone restraint involves bringing a person to the floor face-down and restraining them there past the period of immediate struggle, according to Disability Rights California, a non-profit advocacy group for people with disabilities.
Because of the institution's "acts and omissions," and its "failure to exercise reasonable care," Ben suffered physical and emotional pain, according to the lawsuit. His behavior became "more difficult as a result of the trauma" from the restraints, according to the lawsuit. The suit also alleges that the restraints were used without proper supervision, training, control and documentation.
"The use of restraints on a long-term and repeated basis, and in the method and time utilized, have resulted in serious and permanent damage to Ben," the lawsuit states, and caused "fear, confusion, and physical and mental injury."
The Graffs in the lawsuit also say they were not informed of the restraint use, and that lack of information contributed to the damages they and Ben suffered.
Children's Care Hospital and School became LifeScape in 2014 after merging with South Dakota Achieve.
The Graffs are a well-known family in Sioux Falls. Neil Graff, a Lincoln High School graduate, is a former NFL quarterback who spent six years with five teams, including the Minnesota Vikings and Pittsburgh Steelers.
The former University of Wisconsin standout is also a member of the South Dakota Sports Hall of Fame.
Source: Sioux Falls family seeks damages for facility's treatment of autistic son
