7/25/11 Excessive Restraint Results in Death of 25 Year Old Woman with Mental Illness

25-year-old woman was a resident at a group home and attended an offsite function requiring the group home to transfer the residents in a van.  During the event, she became agitated and combative and as a result, she was subjected to physical restraint by the staff.  Toral Garcia Battista alleged that the resident’s prior conditions of mental illness, weight and psychotropic medications made her prone to dangerous cardiac arrhythmia if exposed to stressful situations involving high agitation or excitement. The Plaintiff endured a lengthy struggle even before the restraint as the staff escorted her to the van and dragged her inside.  The restraint was applied improperly while Plaintiff was on her knees in the van. The Plaintiff was bleeding from the nose, had scrapes and contusions on her body, and was clearly under unimaginable levels of stress.  Minutes after releasing her from the hold, she went limp and into cardiac distress. However, the staff in the van did not recognize that she was in cardiac distress and did nothing to aide her during the 28 minute drive back to the group home.  By the time they arrived home, the Plaintiff was dead.

There are 50-150 reported deaths every year due to improper restraint.  Courts have long recognized that people with mental illness have the right to be free from the improper use of restraint and that restraint is a safety intervention of last resort. Persons utilizing such restraints must have an understanding of the victim’s medical condition before applying such restraints, as use of the restraint combined with the victim’s medical conditions could cause harm or even death.

This young woman was survived by her mother.  The group home settled for a confidential amount.