Care Operator Sued by Family of Boy with CP

The parents of a man with cerebral palsy are suing a facility operator at the day shelter their son stayed at claiming negligence.

The suit was filed earlier this week in a Kanawha County Circuit Court against DEAF Education and Advocacy Focus Inc.

Cause for Lawsuit

Gregory and Betty Jo Payne filed a cerebral palsy lawsuit after their 22-year-old son, Craig Allen Payne, died while under the care of DEAF's West Sattes Adult Day Treatment Center.

The DEAF employee who was assigned to work with Craig that day had not been properly trained to work with a patient who had cerebral palsy.

The worker was reportedly not aware that Craig could not eat solid food and fed him a hot dog, which he then choked on.

Court reports claim no one performed the Heimlich maneuver and the shelter's employees failed to call an ambulance.

“As a result of their improper training and improper application of protocols, they caused his death,” says attorney for the Payne's, Bill Forbes. “It was a lack of supervision and a lack of enforcement of their policies. It's just outrageous.”

Since the suit has been filed, DEAF has closed its West Sattes location.

(Source: Charleston Daily Mail)

Is someone you know living with cerebral palsy? Please contact a cerebral palsy attorney who will give you the legal guidance and support you need.