On May 24, 2017, six patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), along with a non-profit corporation that advocates for the rights of people with disabilities - Protection and Advocacy for People with Disabilities Inc - filed this class action lawsuit in ...
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On May 24, 2017, six patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), along with a non-profit corporation that advocates for the rights of people with disabilities - Protection and Advocacy for People with Disabilities Inc - filed this class action lawsuit in the U.S. District Court for the District of South Carolina. This lawsuit was brought against the South Carolina Department of Mental Health and the South Carolina Mental Health Commission, which operated Bryan Hospital. The plaintiffs, represented by the Bazelon Center for Mental Health Law, Protection and Advocacy for People with Disabilities Inc, and private counsels, claimed violations of Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. They sought injunctive and declaratory relief as well as attorneys’ fees and costs.
Specifically, the plaintiffs alleged that the defendants had a practice of arbitrarily preventing patients the opportunity to discharge from Bryan Hospital despite those patients being stable and capable of integrating with society. Furthermore, the defendants had a practice of isolating these patients, preventing them from contacting family and friends, and charging $503.00 daily for those that did not have access to medical insurance. This case was assigned to Judge Richard Gergel.
On July 27, 2017, the court issued a scheduling order for discovery proceedings. The scheduling was amended twice.
On April 3, 2018, the plaintiffs moved for class certification. The plaintiffs sought the class to be defined as: “All current and future adult, non-forensic residents of G. Werber Bryan Psychiatric Hospital (“Bryan”) who, with appropriate supports and services, would now or in the future be able to live in an integrated community setting and who do not oppose living in an integrated community setting.”
The latest activity on the court docket pertains to orders directing further discovery proceedings including a consent confidentiality order, on May 23, 2018, and an order directing the electronically stored information discovery, on May 30, 2018. As of July 2018, the case is ongoing.
Sean Whetstone - 07/19/2018
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