Litigation Updates

On September 27, 2021, Judge Michael Ponsor approved the Joint Motion for Dismissal in Hutchinson v. Patrick, finding the defendants to be in substantial compliance with the 2013 Amended Settlement Agreement.  This Order concludes a 14-year class action lawsuit which dramatically expanded outreach, transition planning, and home and community-based services for individuals with Acquired Brain Injuries (ABI) in Massachusetts.

On August 24, 2021, CPR joined Massachusetts officials in requesting dismissal of Hutchinson v. Patrick, an ADA class action lawsuit which dramatically expanded outreach, transition planning, and home and community-based services for individuals with Acquired Brain Injuries (ABI).  Originally filed in 2007, the Hutchinson case was brought on behalf of thousands of persons with ABI who were unnecessarily institutionalized in nursing and long-term rehabilitation facilities.

CPR and its partners, the Disability Rights Center of Kansas, AARP Foundation, and the law firm Shook, Hardy & Bacon, have reached an agreement with the State of Kansas to expand mental health services and provide more community residential options for individuals living in, or at risk of being admitted to, Nursing Facilities for Mental Health (NFMHs).

In a 2-1 decision, the D.C. Circuit Court of Appeals vacated a 2020 FDA rule banning the use devices that deliver electric shocks to individuals with self-injurious and aggressive behaviors. he devices at issue, also known as Graduated Electronic Decelerators (GEDs), are manufactured and used in only one program – the Judge Rotenberg Center based in Canton, Massachusetts. 

The Sixth Circuit of Appeals has upheld a Settlement Agreement in this class action brought on behalf of thousands of individuals with intellectual and developmental disabilities who expressed an interest in moving from Intermediate Care Facilities (ICF) to integrated community programs.

On June 19, 2021, Judge Richard Stearns issued an opinion in our longstanding children’s mental health case, Rosie D. v. Baker, finding the Commonwealth of Massachusetts in compliance with the court’s 2007 remedial order

The Department of Health & Human Services Office for Civil Rights (HHS OCR) has resolved a disability discrimination complaint against the MedStar hospital system. Complainant William King is a 73-year-old man with communications-related disabilities, who was refused access to his designated support person during a lengthy hospital stay.

North Carolina is the latest state to follow suit and improve medical rationing protections for people with disabilities as COVID-19 outbreaks continue to surge throughout the nation. Disability Rights North Carolina (DRNC) and The Arc of North Carolina filed a complaint alleging the state's scarce medical resource plan illegally deprioritized people with disabilities in the allocation of lifesaving care. CPR was proud to partner with these organizations and our national coalition of disability advocates such as The Arc of the United States, Bazelon Center for Mental Health Law, Autistic Self Advocacy Network and Samuel Bagenstos. In response to the complaint, North Carolina revised its “Protocol for Allocating Scarce Inpatient Critical Care Resources in a Pandemic” to comply with federal disability rights laws and ensure that people with disabilities will not encounter discrimination. Together, we continue to protect and guarantee equitable access to life-saving care to individuals with disabilities.

The case of Wilkes v. Lamont was filed in response to COVID-19 deaths and unsafe conditions in two of Connecticut’s state psychiatric hospitals, Connecticut Valley Hospital and Whiting Forensic Hospital.  In the spring COVID-19 surge, five patients died and scores of patients and staff were infected. The Plaintiffs, five hospital patients, asked the U.S. District Court to require state officials, including the Governor, to improve infection control at the hospitals, limit admissions, and accelerate discharges.

First Circuit agrees Plaintiffs' are eligible for an award of attorney's fees and costs in longstanding Massachusetts Medicaid EPSDT case on behalf of thousands of children with SED .