Law Firm of Sean R. Laird Announces $12 Million Dollar Verdict Against EMQ FamiliesFirst, Inc. renamed “Uplift Family Services”

Following a Sacramento jury’s unanimous verdict on behalf of a minor child who was severely neglected during his residency at a large group home in Davis, CA, owned and operated by EMQ FamiliesFirst, the jury found that managing agents of EMQ FamiliesFirst, which boasts itself as California’s “largest provider of behavioral and mental health services,” engaged in malice, fraud and/or oppression as it found the company guilty of three counts, including (1) fraud, (2) intentional infliction of emotional distress, and (3) negligence.

The jury awarded damages to the child of over $4.55 million dollars and $7.5 million dollars in punitive damages, for a total of over $12 million dollars.  We are incredibly grateful to the 12 brave jurors who gave their time and energy on behalf of our community to deliver justice to this family.

Read the ProPublic Article by Joaquin Sapien…

California Group Home Liable for Millions in Case of Abused Boy

The Law Firm of Sean R. Laird Announces Second Phase Punitive Verdict Against California’s Largest Provider of Behavioral and Mental Health Services – $7.5 Million Dollars.

Following a Sacramento jury’s unanimous verdict on behalf of a minor child who was severely neglected during his residency at a large group home in Davis, CA, owned and operated by EMQ FamiliesFirst, the jury found that managing agents of EMQ FamiliesFirst, which boasts itself as California’s “largest provider of behavioral and mental health services,” engaged in malice, fraud and/or oppression as it found the company guilty of three counts, including (1) fraud, (2) intentional infliction of emotional distress, and (3) negligence.

The jury awarded damages to the child of over $4.55 million dollars.

Because the jury found the corporation engaged in malice, fraud and/or oppression, the jury was permitted to render a punitive verdict to punish the defendant and to discourage similar future conduct. The Defendant, who casts itself as a poor non-profit, was shown to have more that $17 million dollars of cash on hand and more that $22 million dollars in liquid investment assets.  The company also had $4 million dollars of a $5 million dollar line of credit available and was in contract to net $4.1 million dollars from the sale of the property upon which the facility sat. The jury learned that the company was forced to make an involuntary payment of $7.35 million dollars in 2012, and it had no material impact on its ability to conduct any of its business.

The jury announced today their punitive verdict of $7,500,000.00.

During the more than 6-week long trial the jury heard that multiple children were sexually assaulted over a two month period while they were allowed to AWOL, unsupervised off campus.  In response to these multiple sexual assaults, the facility did nothing.  Seven days before the plaintiff’s sexual victimization, a Department of Social Services representative visited the facility and met with its top managing agent, Clinical Director, Audrie Meyer.  DSS informed Ms. Meyer that it had received an anonymous complaint of understaffing and inadequate supervision of children and were beginning an investigation.  DSS directed Ms. Meyer to immediately increase its staffing levels in order to keep the children safe.  FamiliesFirst, Inc., in response, did nothing.

On May 27th another child was raped while off campus, unsupervised.  When she disclosed the sexual assault to her on-campus clinician, the clinician reported it to Audrie Meyer, who replied,  “Well, when they’re tired of being raped, they’ll come back.”

Just two days later a group of (11) severely emotionally disturbed children were once again AWOL, unsupervised, at a nearby park.  Police responded to a citizen call of children fighting at the park.  A little after 6:00 p.m. Davis Police documented the names and identifying information of each child and called FamiliesFirst.  FamiliesFirst indicated they didn’t have enough staff to come get the children.  Plaintiff, who was 12 years old at the time, but functioning somewhere between a 2, 3, or 4 year old, was one of the 11 children the facility didn’t have the staff to supervise.  Title 22 regulations require adequate staff at all times to provide 24 hour care and supervision to all of the children.

The facility did nothing to notify the boy’s parents that their child was once again unsupervised off-campus in exceedingly dangerous circumstances.  The boy’s father, a firefighter, and the boy’s mother, a nurse, would have been to Davis in a heartbeat had they known. They lived less than an hour away. They were never called.

Instead, their son and 10 other severely emotionally disturbed children were left to fend for themselves.  In the late evening hours the plaintiff was sexually victimized in a public bathroom stall.

Though scheduled to “graduate” the program and come home with just wraparound services, the boy never fully recovered and has never returned home.

FamiliesFirst’s neglect was apparent across the board in nearly every aspect of his care.  The boy was supposed to receive individualized therapy at least once a week.  He received zero individual therapy from December 15, 2012 to April 3, 2013.  This was the same time period that the line staff described a complete lack of staff, and an utter lack of responsiveness and support from upper management.  Conditions were described as “less like going to work, and more like going to war.”  Moreover, the boy’s documented needs and service plan prohibited him from being placed in California’s most restrictive restraint, a “Quiet Room.”  The plan was specifically changed to prevent this, as it was documented two weeks into his stay that the Quiet Room was causing the boy distress.  Despite this, as chaos ensued at the understaffed campus, the boy was repeatedly placed in the Quiet Room.

The family has prepared a statement that is copied and pasted below.

The boy’s story, and that of many others, including employees who were equally traumatized by the way the corporation’s managing agents fraudulently, maliciously, and oppressively ran its operations, have been widely chronicled in the media, including multiple pieces by ProPublica’s Joaquin Sapien, which can be found by clicking the pictures below.

 

The family has prepared a statement that is copied and pasted below.

On behalf of my wife Veronice Becton and myself Lamont Becton, we would like to take a few more moments of your valued time to express our sincere gratitude and appreciation, during this incomprehensible time.   Unfortunately, I am at work today and could not be present to personally give you this letter, bringing a conclusion to our past several weeks together.  Regardless, it was extremely important to us that we have an opportunity to express how grateful we are to you for the sacrifice’s that you made to hear just a small portion of our extensive journey.

To begin, we would like to thank The Court.  Thank you Judge Chang, Liz, Shelia, and Aaron.  Especially you Aaron, everyday you were consistent, pleasant, and kept the Jurors intoxicated with Candy (we needed them awake).  Judge Chang, please know regardless of the verdict your team, in our opinion represented the Judicial System very well.  Over the recent weeks, your courtroom also has served as a classroom, educating us on how the Judicial System works.  I’ve learned when it is appropriate to internally yell “Objection vague as to time” or “ Can we have a Sidebar” (again, LOL).

Secondly, Mr. Sean Laird our Attorney.  Surely, we must publicly state to you how thankful we are that you listened to our story and decided to take on the challenge of representing us in the fight of our life, well done.

Last but not least to you the Jurors, there are few words to express our appreciation  for your daily attention and the personal sacrifice’s you’ve made over the past several weeks.  During the Jury Selection Phase, we clearly heard the issues of your hardships, work schedules, and personal circumstances that were similar to our case.  Admittedly, I have never had a desire to serve on a Jury and would always be pleased to hear “you are excused”.  Now, after observing your level of commitment, please know that I no longer have that same opinion.  We were a family struggling to change a life and in need of 12 to 15 mature Jurors who could judge our situation with fairness and common sense, and that is exactly what you have provided.  Additionally, we have to communicate to you how difficult it was for us to not acknowledge you in Restaurants, Bathrooms, walking the hallways and on Elevators, but we simply did not want to compromise the case. Clearly, in the “heat of battle,” during an active lawsuit many negative words and emotions are expressed almost on a daily basis from both sides.   Please understand that neither my wife nor I currently or in the past, hold any form of hatred towards Mr. Richardson or Ms. Myers.  However, as Deshaun’s parents and at times his only voice we felt that we were placed into a situation that required us to take aggressive action and respond appropriately.

Without a doubt, we believe that we stood up and fought for our son just like any other Parent in Court Room 24 would have done, including those on the Defense Team.

In closing, thank you very much for helping us to move forward in our goal of providing care for our son Deshaun.  We had no clue when we adopted him that he and his story would impact and change so many lives.  We pray that you never forget him, and the thousands of other Foster Care Children that are out there without a voice.  We pray for peace in your homes and great success for you and those around you.

Respectfully Submitted,

Deshaun’s Dad

The Law Firm of Sean R. Laird Announces First Phase Verdict Against California’s Largest Provider of Behavior Health Services – $4.55 Million Dollars – Findings of Malice, Fraud and Oppression.  Jury to Consider Punitive Damages Next.

April 11, 2017, SACRAMENTO, CA:

This morning a Sacramento jury returned a unanimous verdict on behalf of a minor child who was severely neglected during his residency at a large group home in Davis, CA, owned and operated by EMQ FamiliesFirst. The jury found that managing agents of EMQ FamiliesFirst, which boasts itself as California’s “largest provider of behavior health services,” engaged in malice, fraud and/or oppression as it found the company guilty of three counts, including (1) fraud, (2) intentional infliction of emotional distress, and (3) negligence.  The jury awarded damages to the child of over $4.55 million dollars and will consider awarding punitive damages beginning this Thursday, April 13, 2017, at 9am in Department 24 of the Sacramento Superior Court.

The boy’s story, and that of many others, including employees who were equally traumatized by the way the corporation’s managing agents fraudulently, maliciously, and oppressively ran its operations, have been widely chronicled in the media. (See stories below – Click pictures to follow links.)

Evidence was offered in the first phase of the trial that the Clinical Director of the facility, when informed of another sexual assault occurring while one of their children was AWOL, she replied:

“When they get tired of being raped, they’ll come back.”

The Law Firm of Sean R. Laird announces the filing of complaint against EMQ FamiliesFirst. 

SACRAMENTO, CA:  The Law Firm of Sean R. Laird announced the filing of a multi-count complaint against FamiliesFirst, Inc., the corporation which owned and operated the now shuttered EMQ Families First group home in Davis, CA.  The allegations were filed on behalf of a 12 year old boy who was the victim of a physical and sexual assault while residing at the facility.  The complaint alleges that the assaults took place after the school and its administrators had been made aware that staff reductions were putting students at risk of serious harm.

The complaint alleges that those tasked with supervising and monitoring the facility “ignored the avalanche of warnings which repeatedly put defendants on notice that resident care at EMQ Davis was rapidly deteriorating, and that children were, in turn, suffering harm.  In the face of these warnings Defendants provided abysmal care that fell well below how reasonable persons in their situation would have performed.”