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A Commodity It was meant to be a decade of recompense, with progressive laws and ample funding marshaled to the mission. After Forest Haven, in group homes from Cleveland Park to Capitol View, long-warehoused individuals would realize their potential to live, learn and work under the protection of their community's watchful eye. A Post series in March chronicled how, when profit-minded entrepreneurs flocked to a suddenly lucrative field, taxpayer-financed protections succumbed to crasser interests. A muddy stretch of Section T in Northeast's Glenwood Cemetery offers a useful vantage from which to view the reform effort's least revocable failure. Here, shadowed by sweet-faced marble angels and 19th-century mausoleums, lie the District government's unmonied or unclaimed dead: pressed-wood or aluminum coffins packed tight in narrow lots, for reasons of municipal economy. A plastic disk numbered "192" marks the grave of James Scott, a man whose December 1994 death has carved a particular trace in the minds of the retarded men and women who survived him. He passed the days as a food-service trainee at a for-profit company, PSI, that runs the city's largest day program for the retarded. He didn't say much, this bald 55-year-old with autistic tendencies and off-brand sneakers, while packing tuna-on-white into plastic wrap. He wasn't too much trouble, either, former counselors recall, until the lunch time when his caretakers fatally injured him. As Scott's retarded peers watched, PSI therapists physically "restrained" him after he became "agitated" and threatened a program mate, according to reports staffers wrote at the time. Their attempts at restraint dislocated his spine and paralyzed him, according to reports that D.C. General physicians wrote later. But after injuring him, PSI records show, staffers attributed his "rag doll" stance and his guttural cries of "Arm, arm!" to "behavioral hysteria." Nearly two hours passed, PSI and ambulance records show, before his caretakers dialed 911. Hospitalized in intensive care, Scott died four weeks later. And one by one, the agencies that had been assigned to protect him averted their gaze. The police vowed to investigate a death that the medical examiner's office, after an autopsy, classified as homicide. Five years later, Assistant Chief Gainer examined the file and expressed dismay: "This case got lost in never-never land." DHS officials said, after Scott's death, that they would investigate whether PSI was using excessive force on some of the disabled people it receives $10 million a year to care for. But court records show that DHS's chief overseer of day programs at the time, Arnett Smith, was busy with private side deals with numerous group home operators (including Stubbs, who hired Smith as a consultant when he applied for public funding for his new group home network). Smith, who declined to comment, was recently indicted on federal conspiracy charges after The Post reported that he bought a private home for another day program operator - a psychologist now charged with Medicaid fraud - while he was supposed to be monitoring her. Reports of at least 18 other PSI injuries accumulated in government files: a woman beaten with a baseball bat by counselors (See Document), for instance, and another woman injured, as Scott had been, when staff members restrained her. The promised investigation never materialized. "It appears we didn't do one," said DHS spokeswoman Madelyn Andrews. Each retarded ward has a court-appointed lawyer designated to represent his interests. Records show that DHS officials didn't locate Scott's. Each former resident of Forest Haven gets an extra level of protection: a federal court monitor assigned to make sure he gets the services the city has promised him. DHS didn't inform the monitor of Scott's death until this September, five years after the fact. And DHS delegated the task of notifying his relatives to the owner of his group home, an entrepreneur named Carl Peterson who had previously pocketed his clients' small disability checks, health inspection records show. He would subsequently go to federal prison, convicted of spending public funds meant for the retarded on go-go dancers he called "group home consultants." No relatives were found. No criminal charges or administrative fines were levied against employees or officials of PSI. And the city appropriated Scott's savings - the disability payments that hadn't been stolen - to finance his funeral, which was held at a mortuary owned by a DHS caseworker's husband. Scott helped pay as well for his own interment beneath a numbered plastic disk. Questioned recently by The Post, PSI President Elizabeth Abramowitz responded in writing that Scott had not died of injuries caused by her staff. After being told of autopsy and police reports, Abramowitz said she was unable to discuss Scott's death or other injuries at PSI because to do so would violate the privacy rights of the retarded (See Document). The realm of the retarded dead resounds with such silences in part because of a 1978 law backed by well-intentioned advocates. In mandating that the city keep extensive records on the health of its retarded clients, the law stipulates that details of those records be kept private to preserve dignity. The District cites that privacy clause to withhold information about deaths - a policy that most recently slowed a Justice Department civil rights investigation sparked by The Post's March series. For months, District officials refused on privacy grounds to turn over records to Justice and have since obtained a temporary court seal to keep the results of the federal investigation from the public. The incomplete records District agencies released to The Post suggest that the interests being protected weren't strictly those of the retarded. Officials had inked out not just the names of the disabled dead but the names of companies paid public money to care for them, city caseworkers and health inspectors charged with monitoring them - and occasionally even high-level government officials. But the heavily blackened records are, in their own way, revealing. They show that the failure to investigate deaths was a systemic, multi-agency breakdown: If individual cases are grim, the aggregate is startling. While the exact number of retarded people who died since 1993 is unknown, the 116 that The Post counted would give the District a death rate far higher than that of similar jurisdictions. The study of mortality among the deinstitutionalized retarded is still in its academic infancy: Data sets are small, government numbers vary in reliability, and medical issues differ among populations. Still, the District has had more than three times the number of deaths found in a roughly equivalent New Jersey population and twice as many as found in a Pennsylvania population. The District's death rate significantly exceeds that of California's troubled group home system, where University of California-Riverside faculty members have been extensively researching mortality in community-based care. "I wonder somewhat," said Wesley Vinner, a high-functioning retarded man who grew up at Forest Haven. "It's like we're dying left and right in programs that say they protect us." One reason, The Post found, is that city officials repeatedly failed to recognize and correct disturbing patterns of neglect. In 1990, when examining deaths at Forest Haven, Justice Department investigators spotted one particularly alarming trend: Residents were dying of aspiration pneumonia, which sometimes occurs when the bedridden are fed inexpertly and fluids build up in their lungs. A prominent D.C. law firm, acting pro bono, sued the city on behalf of six dead Forest Haven residents, alleging delayed and inadequate treatment. The District settled for more than $1 million. The Post, reviewing death certificates and hospital records, identified 10 aspiration-related deaths since 1993 in group homes scattered across the city. None of those deaths prompted an investigation by city officials, records show. Tony Snider, age 26. Sheila Payne, age 32. Steven Vasquez, age 39. Midway down the aspiration death list is Gloria Davis, a much-loved competitor in the ball-toss at the Special Olympics, who died at age 33. Profoundly retarded people such as Davis can't articulate pain, which is one reason their caretakers, the good ones, are remarkable to watch. They develop a hyper-perception that lets them scent an infection, read pain in the blinking of an eye. Davis, nonverbal and nonambulatory since birth, had been placed, after Forest Haven, in what was supposed to be a bastion of such sensitivity. The Astor Place SE group home where she lived is one of 34 in the District owned or managed by Voca, a division of a Louisville-based corporation, and supported by $25 million a year in federal funds. Its direct-care workers earn as much as $12 an hour, and its foyers are fresh from the broom. But troubling deaths happened in Voca's homes, too. One evening in 1997, the company's records show, Gloria Davis started spewing mucous from her nose and mouth - the hallmark of a major aspiration. Davis alerted caretakers to her distress the only way she could - by shaking her bed. This cry for help was heard at 10 p.m., house records show. But her caretakers didn't dial 911. They dialed group home administrators. Records show that a series of conversations ensued - about the fact that Davis was struggling to breathe, that "the situation was getting worse," that an ambulance should be called. But 70 minutes passed before anyone actually called one (See Document). Too late. Davis arrived at the hospital a few minutes before midnight and was declared dead. Voca's initial accounts of the evening understated by 40 minutes the interval between Davis's distress signal and the call to 911, company records show. Cleveland Corbett, vice president of Voca, said that the inaccuracy was an inadvertent error on the part of harried caretakers and that he "wouldn't second-guess the staff's judgment" on the 70-minute delay. A month after Gloria Davis's death, at a home run by Voca in Northeast, 42-year-old Raynard Olds had a seizure so propulsive that his head left a hole in his bedroom wall. His neck was critically injured on impact. A caretaker came immediately to find him on the floor, fully conscious. I can't get up, Olds explained. Ambulance records show he didn't arrive at the hospital for an hour and a half after his violent fall. He died a month later from his injuries. Voca's Corbett described the time lapse between injury and hospitalization as "appropriate given the professional judgments involved." Kenny Holmes, who lived in a Voca home three blocks from Olds's, also had to wait for care. He swallowed three small plastic bags while his counselor enjoyed a "fish and bread" dinner. Profoundly retarded, Holmes interpreted the world through his mouth, like an infant, but with the dangerous coordination of an adult. He swallowed whole corncobs, ate his own shoelaces. Unable to speak, he couldn't call for help when help was required. That's why Voca was paid $90,000 in public funds per year to keep him safe. One August night, caretaker Linda Bowers settled in with her dinner on the couch. According to an account she wrote of the evening (See Document) - an account Bowers described in an interview with The Post as accurate - when Holmes emerged from his bedroom and obtained her attention, she sent him back inside and continued eating. He retreated but then came out again. Go back to your room, she told him more firmly, not leaving her meal. Again he did as he was told. Back in his room, he finally got her attention - by issuing a great and stomach-turning gurgle, turning blue and thrashing on the floor. Bowers panicked and neglected to perform the Heimlich maneuver she had been trained to do, Voca records show. When Holmes got to the hospital, there was little to be done. He was declared dead of asphyxiation. Voca's "discharge summary" (See Document) to DHS omitted Holmes's attempts to obtain Bowers's attention and said Bowers called an ambulance 40 minutes before ambulance records show she did. Corbett called Bowers a caring employee and said, "I believe the staff provided the information as they knew it at the time." If Holmes had died five blocks east, in Maryland, the government would have sent a registered nurse to the scene to interview staff. A physician would have scoured his medical file, and a University of Maryland professor of pharmacology would have studied the drugs he had been taking - their adequacy and interactions. By governor's fiat, Maryland's state health department investigates every death in group homes except those of residents who have been diagnosed as terminally ill. If Holmes had died in Delaware, the questioning of staff would have been led by a state long-term care official who is a former FBI investigator. If Holmes had died in Missouri, his group home might now be shuttered. Four months after Holmes's death, a retarded man in a St. Louis facility swallowed rubber gloves and choked to death in his bedroom as a caretaker sat nearby. State officials conducted a months-long investigation, identified systemic shortcomings and closed the home. But Kenny Holmes died in the District of Columbia. Voca executives carried out the only review done on his death. Bowers, those officials concluded, required a training session in "calmness." She remains a caretaker with the company, about which Corbett can say accurately, "The city has never had a problem with us about deaths." A Public ThreatBreast cancer. Massive cardiac events. The complex medical conditions associated with Down syndrome. Some deaths The Post found were inevitable, and a few - at the nonprofit Kennedy Institute, at the for-profit Metro Homes - were thoroughly, even mournfully, documented by group home officials. But some of the deaths that weren't, like that of Helen Andrews, had consequences that resonated beyond group home doors. Eating her morning Cheerios, climbing a single flight of stairs - even the basics seemed to tax her. Languid outings with her day program sometimes left her gulping for air, which was discomfiting to a 70-year-old with good manners. The high-functioning Andrews lived in a caring home run by the nonprofit Black Leadership and Christ's Kingdom Society, whose staffers regularly delivered her to the internist with whom it contracted for residents' care. Group home records show that in April 1994, Fumikazu Kawakami, observing that Andrews had been "deteriorating significantly" for six months, diagnosed her condition: She was suffering from arthritis and depression. Twelve days after he wrote her a prescription for an antidepressant called Zoloft, records show, she was dead of treatable, contagious tuberculosis. Kawakami did not return a reporter's phone calls. City officials turned over to The Post a single document on Andrews's death, after inking out every fact but the date and the cause of death: "Tuberculous." TB deaths, rarities in the metropolitan area, tend to make headlines and inspire mass testings, as the pernicious airborne bacteria can be passed to others in as little time as it takes an elevator to go from the first floor to the fifth. Fortunately, the vast majority of those infected can be cured with a low-cost course of antibiotics - if they learn they've been exposed. "I'm appalled," said Tom Wilds, president of St. John's Community Services, where, until she grew too weak to attend, Andrews was in a day program with a dozen other retarded people. "Our clients and staff were exposed, and I am just learning this now?"
© 1999 The Washington Post Company
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