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State faces $1.85 million claim over alleged Beatrice abuse

Posted: Thursday, March 20, 2008
LINCOLN, Neb. (AP) -- The brother of a former patient at the Beatrice State Developmental Center has filed a $1.85 million claim against the state, saying his sister and others suffered broken bones because of staff error.

The claim filed Wednesday on behalf of Mike Ellsworth of Bellevue said his 35-year-old sister, Debra Bauer, sustained two broken legs between Feb. 16 and 21, but the injuries weren't reported until days later.

Patients in Bauer's unit have suffered fractures or other injuries because staff members do not use the mechanical lift on patients or use it improperly, according to the claim.

The claim comes as the state Department and Health and Human Services appeals a negative review of the facility that jeopardizes nearly $29 million in federal funding. The center for mentally retarded patients has now failed four reviews in two years.

A message left for the department after-hours Wednesday was not immediately returned.

Ellsworth moved his sister out of the Beatrice center, where she had lived for the past 30 years, after she suffered the broken bones. Bauer can't walk or talk and needs assistance with daily care.

Ellsworth's claim was filed by Nebraska Advocacy Services, a group that advocates for the developmentally disabled. Litigation director Bruce Mason said other claims may be filed on behalf of other patients.

On the Net:

Beatrice State Developmental Center: http://www.hhs.state.ne.us/dip/ded/bsdcindex.htm

Nebraska Department of Health and Human Services: http://www.hhs.state.ne.us/

Nebraska Advocacy Services: http://www.nebraskaadvocacyservices.org/

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