Investigation Focuses On State's Treatment Of Patients At CVH; Inspection
Set In March
By JOSH KOVNER
Courant Staff Writer
February 1 2006
MIDDLETOWN -- The U.S. Department of Justice is investigating whether the
state's largest public psychiatric hospital protects patients from harm and
uses seclusion and physical restraints properly.
The Justice Department's civil rights division began an investigation of
Connecticut Valley Hospital on Dec. 15, and federal investigators will
inspect the Middletown campus in mid-March.
Wayne Dailey, spokesman for the state Department of Mental Health and
Addiction Services, acknowledged Wednesday that the visit was "not routine."
Sweeping management changes were made at CVH and its Whiting Forensic
Division in November. Dailey said those changes were in the works for more
than two months, before state officials learned of the federal
investigation.
Eric Holland, a Justice Department spokesman, declined to comment on the
probe Tuesday. The division, under the Civil Rights for Institutionalized
Persons Act, investigates substantial complaints and potentially illegal
conditions inside mental-health centers, jails, nursing homes, juvenile
facilities and other institutions.
A source at CVH said a Justice Department official in the civil rights
division asked questions in November about suicides at CVH in 2003 and 2004.
The hospital had been staggered by three suicides in a 15-month period,
including two in 10 weeks. An investigation by the state Department of
Public Health found that serious breakdowns in basic nursing preceded two of
the suicides. In those cases, nurses failed to respond to telltale behavior
by two patients with a history of suicide attempts. One of the nurses was a
"traveling nurse," a temporary employee who had been found incompetent at
her job but was still placed in a supervisory position.
The hospital made a series of changes after the suicides, including
increasing training and installing suicide-proof shower heads in one of the
units, but patient advocates said the suicides were "arguably preventable."
Last September, the family of one of the suicide victims, Joseph Sawyer, 21,
who died at Whiting, filed a wrongful death lawsuit against the state. The
suit alleges flawed policies and negligence and inadequate training on the
part of some staff members.
A month before Sawyer hanged himself in his room at Whiting, he had
attempted suicide in a similar manner in the same room.
The state Office of Protection and Advocacy for Persons with Disabilities
investigated Sawyer's death and found evidence of neglect in Sawyer's
treatment at Whiting.
In 2004, the family of James Bell, a former patient at Whiting who died of a
heart attack while in restraints in 2002, filed a $4 million lawsuit against
Whiting and CVH.
A division of the U.S. Department of Health and Human Services had cited CVH
in 2001 for several instances of improper use of restraints.
This past November, a 36-year-old male patient at CVH was charged with
first-degree sexual assault and unlawful restraint in an attack on another
patient in Merritt Hall, a substance-abuse treatment and general psychiatry
unit at CVH.
Four days after the rape was reported, state mental health officials
announced that CVH's chief executive officer, Garrell S. Mullaney, was
retiring; its chief operating officer, Michael Niman, was being reassigned;
and the director of Whiting Forensic, Richard Bennett, had "resigned in good
standing."
Dailey reiterated Tuesday that the management changes had nothing to do with
the sexual assault, the suicides, or any other incident, and he praised
Mullaney's stewardship of CVH.
Mullaney, a former U.S. Marine and a former prison warden, had presided over
improvements in the relationship between CVH and its host city of
Middletown. He intends to retire at the end of this year and has taken a
post as project director for facility design in the office of Mental Health
Commissioner Thomas Kirk.
Dailey said state mental health officials were told by the federal
investigators that they were reviewing "whether there have been systemic
problems regarding the protection of patients from harm and the use of
seclusion and restraints.
"We don't know specifically what triggered their interest; they haven't
given us that information," said Dailey. "They did tell us they have not
formed any conclusions."
After the management shake-up, "the facility is in a state of holding its
breath. There's a sense there's going to be major changes," said Susan
Aronoff, a lawyer with the Connecticut Legal Rights Project, a patient
advocacy group based on the CVH campus.