Downs Syndrome Case Summary

This case involves a lawsuit brought by Kenneth Leitzen, Sr. and Theresa Leitzen, on behalf of their disabled son, Kenneth Leitzen, Jr. Kenneth, Jr. was diagnosed at birth with Downs Syndrome. Later, as an adult while residing at our client’s facility, he was diagnosed as being bipolar. His I.Q. was tested at 36 and our client’s documents indicate that he had the mental capacity of a seven year old at the time he moved into the facility. (Subsequent evaluations reveal that his capacity declined throughout his residency at our client’s facility.) As a result of Kenneth, Jr.’s bipolar disorder and related behavioral issues, his physicians prescribed psychotropic medications consisting of Depakote, Risperdal, its generic equivalent, Risperidone, …show more content…
The residents of Ridge Terrace are relatively independent; however, they require supervision and assistance with activities of daily living similar to the assistance that a child the age of four requires. With some degree of aid together with support to remain focused, the residents are able to eat, dress themselves, attend to their personal needs and participate in day training and recreational activities. Illinois Public Aid pays for the services that Frances House provides to its residents.

Frances House is regulated by the ID/DD Community Care Act (ID/DD Act). The Act guarantees all residents the right to retain their own personal physician, to obtain medical treatment ordered by his physician, to be free from chemical restraints, and to not be given unnecessary drugs. The Act also gives the resident the right to refuse medication and the group home must abide by the resident’s choice unless the prescribing physician documents in his or her clinical record that the medication is necessary because the resident is a danger to themselves or