KANSAS CITY – Missouri Department of Mental Health employees have been removed from a lawsuit concerning the death of a mentally disabled man after his body was found in April 2017.
The victim, Carl DeBrodie, went missing from Second Chance Homes and was gone for about a week before his body was discovered. U.S. District Court of the Western District of Missouri Judge Douglas Harpool dismissed Missouri Department of Mental Health Director Mark Stringer and others from the lawsuit, despite allegations that these very individuals failed to oversee the victim properly.
Peter Vujin, a Miami-based attorney, explained that the victim's mother may not have crafted the complaint as well as she ought to have, but that there is still a chance that she can achieve justice for her son given the pleading of one of the defendants.
"(DeBrodie's mother) needed to allege that the state had knowledge, or actually committed acts that endangered her deceased, disabled son," Vujin said. "The best evidence for (DeBrodie's mother) is the fact that defendant Melissa DeLap, who has pleaded guilty to one count of federal health care fraud — since the 'without reasonable doubt' standard in criminal cases is higher than 'more likely than not' civil standard, the criminal conviction is prima facie evidence of wrongdoing."
Vujin explained that since these types of incidents are becoming more common in the U.S., states need to tighten up on their licensing and employee-character requirements.
"Most certainly a psychological test to determine if elements of sadism, psychopathy, etc., are present or detectable in a potential employee, and periodic, random drug and psychological evaluations to assure continual compliance with appropriate, humane treatment of disabled persons," Vujin said. "In addition, the state should impose a tracking system on all disabled persons, and install cameras that survey the patients 24 hours, in order to avoid any potential abuse."
The outcome of the case is yet to be determined.