The family of a New Jersey woman that died after being assaulted by her cottage mate, while living in a state institution for people with developmental disabilities, has declared their intention to sue the center for wrongful death, as reported by The Star-Ledger.
M.D., 68 at the time of her death in September 2013, was living at the Woodbridge Developmental Center. Her family believes that the state-run institution neglected her medical needs after she was beaten.
M.D. had lived at Woodbridge for 17 years prior to her death. It was only during the last four months of her life, May through August, that things took an abrupt turn. Her cottage mate assaulted her, then she fell and suffered a broken leg, and finally developed aspiration pneumonia and septic shock while recuperating. The medical records that detail these events are collected accounts from her sisters, co-guardians and the state Department of Human Services.
On September 3 M.D. died in Rahway's Robert Wood Johnson University Hospital.
Eatontown-based attorney David Corrigan represents the family. Corrigan told reporters that he had filed the "notice of tort claim" with the state. The filing of a tort claim is a signal to the state of an intention to sue. The government then imposes a six-month wait before the family can formally file their complaint.
L.C. and K.D., M.D.'s sisters, told reporters that the supervision and care at Woodbridge had suffered a decline – due to the state deciding that the facility was to close. After the state's announcement several residents and employees chose to leave.
Corrigan said, "It appears this woman was either not properly taken care of or abused and neglected."
The Human Services Police Department, and the State Police, are both investigating M.D.'s death. Corrigan said that the family will be receiving the autopsy report and be given the official cause of death as soon as it is available.
Two politicians that oversee the Department of Human Services, Senator Joseph Vitale and Assemblywoman Valerie Vaineri Huttle, told reporters that they will be contacting Commissioner Jennifer Velez to a hearing to discuss how the center will be closed. In the meantime Huttle has asked that all employee transfers from Woodbridge be temporarily halted. However, according to Huttle, Velez has yet to respond to the request.
In an email L.C. wrote, "Those responsible for the abuse (M.D.) has suffered are still taking care of people at the Woodbridge Developmental Center, and still potentially abusing other residents. If a child were abused or killed by a caretaker at a residential facility, those directly responsible for care would at least be put on leave while an investigation is under way. No such thing has been done at WDC leaving me to feel that there is a less significant level of care given to the developmentally disabled people in New Jersey…."
If your loved one died due to the negligence of another party you may have grounds for a wrongful death lawsuit. Click here for our directory and contact a personal injury lawyer near you right away!