This case takes place in Rhode Island and involves a plaintiff who was a residential counselor at a private level 14 facility operated by a high profile children’s mental health care concern. The facility serviced residents who were placed by county officials for such issues as developmental delays and behavioral problems, as well as other issues that could not be properly cared for in the home.
The plaintiff in this case was attacked by a resident of the facility who was, unbeknownst to the plaintiff, considered by many to be very dangerous. Before the attack, the resident had been charged with criminal assault and battery several times, had serious behavioral issues and exhibited sexually aggressive behavior that was severe enough to cause some of the higher-ups at the facility to consider sending him away several times for the safety of its staff.
Those in charge of the facility, however, failed to warn lower level caregivers who worked around the dangerous resident nearly every day, and eventually, the plaintiff was attacked by this dangerous resident. The attack occurred while she was five months pregnant, which caused her to go into early labor and deliver her baby prematurely. The plaintiff previously suffered fertility issues but was finally able to conceive her child after using Bravelle. The baby was born with serious health problems, causing him to need a ventilator and feeding tube, and requiring hospitalization for his first year of his life. The child was eventually allowed to move home, but still required 24 hour care and continued to be fed through a feeding tube. The baby also continued to suffer from seizure disorder until it died around the time of his second birthday. The death was blamed on complications from his premature delivery and birth.
