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$5 Million Wrongful Death Suit Filed Against Grafton Group Home In Virginia

Posted on Dec 22, 2008

On December 23, 2004, 13-year-old Garrett Halsey died at the Grafton School Group Home in Winchester, Virginia. The boy suffered from autism and mental retardation but had no other health concerns. He had only been at the home for one day before his death.

The Winchester Star reports that the family of Halsey is reviving a $5 million wrongful death claim, which will be heard at the Winchester Circuit Court. The case is being reheard after the Virginia Supreme Court ruled that the dismissal of the case previously was a mistake made by Judge John Wetsel.

At the time of his death, the boy was being restrained by six aides at the group home. One staff member was reportedly on the young man's back. Halsey choked on vomit and suffocated to death, according to court reports.

"Garrett's restraint was continued while he vomited and [he] was not released by the staff until they noticed that his ear was blue," the document states. "Vomiting is a sign of distress and everyone should have moved off of Garrett immediately and given him emergency treatment."

A thorough investigation of the event by the Department of Education, Department of Mental Health, Mental Retardation and Substance Abuse Services, and Department of Social Services found that the Grafton staff was ill trained in restraining residents and unprepared to handle an emergency medical situation. The Halsey family agrees that the Grafton home was not prepared to treat their son and did not draw up a behavioral support plan that would keep their son healthy and safe.

The Grafton home disputed the findings and claimed that they did not show negligence or a lack of concern during the fatal event.

The judge in the 2007 case said that Grafton did not show gross negligence. The Supreme Court, however, has disagreed and sent the case back to trial. No court date has been set as of yet.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

How should you locate the best, top injury lawyer for your case?

Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:

Several Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .

In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on icons for more details.

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Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.

As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.

As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.

Injury Lawyers licensed in VA, WV, NC, SC, KY, FL & Wash., DC.

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Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042

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Hampton, Virginia 23669
Phone: (757)-788-8162

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