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$5 Million Payment in Autistic Boy’s Suffocation Death

$5 Million Payment in Autistic Boy’s Suffocation Death


13-year-old Jonathan Carey was killed in 2007 when a state care worker, Edwin Tirado, restrained him in a minivan. Nadeem Mall, the van’s driver, continued driving the van even though Jonathan stopped breathing. Mall and Tirado then spent an hour “doing errands, shopping and buying beverages” without checking on Jonathan or seeking medical attention.

Tirado was convicted of manslaughter and Mall has pleaded guilty to criminally negligent homicide. Jonathan’s parents, Michael and Lisa Carey brought two civil suits against the State of New York, which has agreed to pay $5 million in one of the larger wrongful-death settlements in the state’s history.

An investigation revealed that abuse and injury were “rampant” at the Oswald D. Heck Developmental Center, near Albany, where Jonathan lived. New York Governor Andrew Cuomo’s administration has sought to overhaul the state’s Office for People With Developmental Disabilities, which runs more than 1,000 group homes and facilities. A series of articles by the New York Times has revealed numerous lapses at many levels in the care of individuals with disabilities, from physical abuse of individuals by staff to Medicaid fraud to a failure to restrain overtime:

Mr. Tirado had once worked 84 days in a row, and a co-worker told an investigator that Mr. Tirado was so exhausted a week before Jonathan’s death that she told someone at the time, “Either he’s going to kill someone or himself.”

A state psychologist also told the police that for Mr. Tirado, overtime “was like a badge of honor.” The psychologist added: “I asked Edwin when he slept. He said he didn’t.”

David Slingerland, the state official who oversaw O. D. Heck as well as a number of state-run group homes at the time of Jonathan’s death, acknowledged in a deposition earlier this year that the amount of overtime Mr. Tirado had worked was a cause of Jonathan’s death.

Tirado had dropped out of school in ninth grade, had a criminal conviction for selling marijuana and had been working at O.D. Heck when at least one previous report of abuse involving Jonathan occurred. Mall had been fired by at least four private agencies for individuals with developmental disabilities.

Jonathan’s tragic death exposed the woefully inadequate care that too many children and individuals with disabilities receive. But it doesn’t have to be this way. Staff can be trained to work with individuals even with severe behavior issues. Systems can be put in place to make sure that abuses are reported and addressed immediately.

Will the Cuomo administration — will other state and federal authorities — prioritize protecting the rights and lives of individuals with disabilities so that they and their families do not have to suffer what Jonathan and his parents have?


Related Care2 Coverage

NY Addresses Chronic Failure to Report Abuse of Individuals with Developmental Disabilities

Left In a Van, Asphyxiated: Two Disabled NYC Men Died Tragically (VIDEO)

Medicaid Fraud at NY Nonprofit For Developmentally Disabled

40% of Allegations of Abuse of Individuals w. Disabilities in New York Not Reported


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Photo from the Jonathan Carey Foundation

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12:54PM PDT on Oct 8, 2011

horrible. :(

11:29PM PDT on Sep 27, 2011

Such a sad, sad story.

10:23AM PDT on Sep 27, 2011

Signed the petition

5:18PM PDT on Sep 26, 2011

This didn't have to happen.

5:15AM PDT on Sep 26, 2011

How sad for this innocent victim

6:12PM PDT on Sep 25, 2011

We always hear and find out facilities such as these, harming the disabled. Strict laws need to be written and passed for these unabled individuals who deserve the best care. How can we sit back and watch skyscrapers and land marks go up, when we can't even make a facility to help,support and house unable people. Education and knowledged professionals are out there, but theyre not working in cases such as this. This needs high priority action when it involves our children and family.

6:06PM PDT on Sep 25, 2011

so so sad.

1:32PM PDT on Sep 25, 2011

So sad for this young boy and his parents. Authoroties must must be vigilant in their responsibility to make sure this never happens again and be willing to train and educate staff. Also to raise the status for the workers at these facilities.

10:41AM PDT on Sep 25, 2011

Signed petition. So sorry for his parents; I hope they use that money to do something for other disabled children in his memory!

8:24AM PDT on Sep 25, 2011

Signed petition.Very sad.

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Thanks for sharing. Glad Milkshake has such a wonderful person in her life now!

Every time I read this I become outraged and must comment. WHAT HAPPENED TO THE ROGUE COP?

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