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Disabled man hospitalized
as family sues group home

By Leslie Hoffman
Tribune reporter

     A Jemez Springs man and his wife are suing several health care companies and others, alleging the man's severely disabled 20-year-old son was repeatedly abused and neglected at a North Valley group home.
     According to the lawsuit, Rolando C. "Ronnie" Tannoya was found Nov. 3 on the floor of his room "lying in blood, vomit, feces and urine."
     The couple's attorney, Bruce Pasternack, said the autistic man repeatedly banged his head against the wall in response to the abuse and remains in intensive care at University Hospital.
     The lawsuit accuses Massachusetts-based National Mentor Healthcare Inc. and its parent company, Maryland-based Magellan Health Services Inc., of running the home at bare-bones costs to increase profit. As a result, it alleges, the company and its subsidiary hired poorly trained staff and failed to provide the most basic standard of care for Tannoya.
     The complaint was filed in state District Court on Wednesday on behalf of Rolando and Davinna Tannoya.
     A spokeswoman for Magellan declined to comment Wednesday on behalf of both companies, saying they had not yet been served with the lawsuit.
     Robyn Hoffman, general counsel for the state Department of Health, said the agency is currently investigating the allegation of abuse.
     Albuquerque police are also conducting an investigation and have executed a search warrant at the group home, said Sgt. Carlos Argueta of the North Valley Substation Violent Crimes Unit.
     "Right now, we're looking at the staff, we're looking at another subject at the group home and we're considering the injuries may have been self-inflicted," Argueta said.
     According to the complaint, Tannoya, who is autistic and suffers from other mental and emotional disabilities, was placed in the home on Calle Nueve Northwest in May. His father and stepmother had agreed to move him from Presbyterian Kaseman Hospital under a treating psychiatrist's recommendation.
     Several former legal guardians of the disabled man, including a Tucumcari lawyer and New Mexico-based Desert State Life Management Inc., did not monitor the man's care when he was placed at the home, the complaint states.
     Shortly after his arrival at the facility, the complaint says, Tannoya "began to suffer various forms of abuse."
     Tucumcari lawyer Sherrie Trescott declined to comment when reached Wednesday, saying she didn't know anything about the lawsuit and didn't even remember the case.
     A receptionist with Desert State Life hung up three times when The Tribune attempted to get comment from a company official.
     The lawsuit alleges that the abuse could have been at the hands of several home supervisors or by another resident. It says three of the direct service employees at the home have felony arrest records, with charges including battery against household members, assault and child abuse.
     Pasternack noted that Tannoya would have been defenseless. "Because he cannot communicate effectively, he could not report the abuse," Pasternack wrote.
     Instead, Tannoya slammed his head against the wall repeatedly and was found several weeks ago on the floor of his room, according to the complaint.
     Tannoya was taken to University Hospital on Friday, Nov. 3, where doctors said he was suffering from massive head trauma and had bruises on his back.
     Argueta said police weren't called by Adult Protective Services until the following Monday. He said doctors feared Tannoya might not survive his injuries.
     Also named as defendants in the lawsuit are Presbyterian Healthcare Services Inc. and psychiatrist Dr. Kenneth Crumley, who treated Tannoya while he was hospitalized at Kaseman Hospital.
     Neither could be reached for comment Wednesday.


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