The State of New York has agreed to pay $10 million to settle a lawsuit concerning the death of a developmentally disabled woman who died under New York State care at Union Avenue IRA. The lawsuit was brought by the decedent’s sister against New York State employees at Union Avenue. The plaintiff’s sister was 52 years old when she died. The settlement is believed to be the largest settlement in the history of OPWDD, the New York State agency responsible for people with disabilities.

The lawsuit alleged that despite the decedent’s known, high risk of bowel impactions, the New York State employees responsible for her care failed to properly monitor her bowel movements, conduct daily body checks, and administer her medications to prevent her fatal impaction. Her fatal impaction also happened just weeks before the Defendants were forced to leave the Union Avenue IRA under a settlement of an earlier lawsuit she brought with two other women involving such horrific abuse that the State of New York agreed to relinquish control of the group home to settle that case.

Defendants’ text messages directly linked the decedent’s death to the settlement of the prior case. On the day she died, one Defendant asked another, “the money was is [sic] worth it.” Another Defendant, a Union Avenue supervisor, said her sister “should be happy” about her death.

“There is an urgency for change. We cannot allow this abuse to continue,” said the woman’s sister, who brought the lawsuit on her behalf.

“The State failed this woman in every possible way. Staff abused and neglected her and then, as if that were not enough, they killed her. It’s one of the most appalling cases I’ve seen in over 25 years of practice,” said Ilann M. Maazel, lead counsel for the woman’s sister. “This case and settlement should send the message that people with disabilities matter and their voices will be heard.”

“The New York State employees responsible for her death deprived her of basic and essential care,” said Max Selver, another one of the attorneys for the plaintiff. “Their disturbing text messages show a total disregard for her humanity.”

The plaintiff is represented by ECBAWM attorneys Ilann M. Maazel and Max Selver and paralegal Toby Shore.