Letter to the Department of Mental Health
The information from the Director gives me very little hope for the quality of care that the Department gives to anybody receiving services from the Missouri Department of Mental Health.
This is a very sad story that I learned about recently. Mr. Ronald Scheer, a disabled gentleman who had lived in a state facility since 1974, died in 2020 because of his caretakers’ negligence. Missouri, through the Attorney General’s office argued that the employees were immune from liability on the basis that they were acting as state employees. (The facility had already been dismissed from the suit on the basis of immunity.)
In December, the Missouri Supreme Court ruled that the employees should not be sued because they were acting within the discretion of how to perform duties when they were negligent. Read the Opinion.
When I saw the opinion, I was not at all satisfied with how this resident was treated. I sent an email to the director of the Department of Mental Health on January 6, asking how the state of Missouri would make this family whole.
The response I received:
“Following the Supreme Court decision, Mr. Scheer’s guardian has not contacted the Department of Mental Health. ”
My response:
Dear Ms. Huhn,
What an absolutely disgusting response, devoid of any humanity or care for Missourians.
Mr. Scheer died because of the gross negligence of state employees while he was in the care of the state. As far as I understand, the only debate is whether the state is liable for its negligence.
I am disgusted and disappointed that Missouri did not step up to make this family whole before a lawsuit was brought and that there was no negotiation before this point. I am upset that Missouri fought so hard to defend its employees' negligence.
I don't expect you to tell me, but I very much hope that these employees were not allowed to retain their jobs after this incident, and that their licenses were investigated.
Finally, your response that after you fought tooth and nail in court against this man's guardian, you would expect her to come to you to ask to make her whole at this point, gives me very little hope for the quality of care that you would give any Missourian receiving services from the Missouri Department of Mental Health.