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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, 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.

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About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling wrongful death cases. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if your family member or loved one was killed as a result of someone else's carelessness.

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Form since 2009 and listed among the Best Lawyers in America since 2008. Shapiro and Lewis have also been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor. In addition, ours was the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms.

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