Three men with cerebral palsy sued the state of Maine for a lack of independence. The three men – Jacob Van Meter, Adam Fletcher and Eric Reeves – are all in their 20s and 30s. They were confined to living in nursing homes against their wishes, and they insisted that they were fully capable of living independent lives. They represented 121 people in a class action lawsuit that included people with cerebral palsy, epilepsy and other conditions that might require nursing home care.
Specifically, the lawsuit claimed that the state violated the Americans with Disabilities Act and the Nursing Home Reform Act by not providing services that would integrate the men into their communities. The lawsuit was filed in 2009 and certified as a class action in 2011.
The plaintiffs are content with the terms of the settlement. Over the next five years, the Department of Health and Human Services will offer home-based and community services to 75 people who meet nursing home requirements.
“The resolution achieves what our clients wanted from the state – a chance to live independently in the community and not be segregated from their peers,” said Jack Comart of the Maine Equal Justice Partners.
The plaintiffs likely would have won if the case went to trial, wrote U.S. District Judge Nancy Torreson in her approval of the settlement.
People with cerebral palsy and other birth injuries encounter their fair share of obstacles, but they are still capable of leading productive, independent lives in their own place of residence. Some may still need assistance, but they would benefit more from community inclusion than isolation.
Cappolino Dodd Krebs, LLP – cerebral palsy lawyers
