State must pay $2.5 million; Liable in disabled woman’s death

Posted 8/21/12

ALBANY, NY — A New York judge ruled on October 8 that the New York State Office for People with Developmental Disabilities must pay $2.5 million to the estate of a profoundly disabled woman who was …

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State must pay $2.5 million; Liable in disabled woman’s death

Posted

ALBANY, NY — A New York judge ruled on October 8 that the New York State Office for People with Developmental Disabilities must pay $2.5 million to the estate of a profoundly disabled woman who was raped multiple times and who died because of the assaults.

The woman was Paula Liblick, who was raped in 2009 and died in 2011, because she was infected by a parasite. Her brother is Bill Liblick, a local media figure who is active in the Sullivan and Town of Liberty Democratic Parties. Bill has been active in calling for the passage of Paula’s Law, which would require group homes such as the one she lived in to place cameras outside the entrances and exits so that everyone who entered or left the facility could be identified.

In the decision, Judge Stephen Mignano wrote that the state was negligent because the people providing care did not do what they should have when they discovered bruising on Paula’s legs. Mignano wrote, “If they had reported the bruises to a nurse, as required, it is likely that Paula would have been removed from the home and taken to a hospital. If the aides had ensured that the doors were locked, and monitored Paula closely day and night, another attack would have likely been thwarted. But the staff was concerned about the possible repercussions to them from Paula having been injured, so they first did nothing, then attempted to hide it. This is sufficient to establish defendant’s negligence, as well as gross negligence.”

In reaction to the ruling, Bill said, “I am grateful that Judge Mignano made certain that justice was served for Paula Liblick. New York State officials should be ashamed and embarrassed in their attempt to make a mockery out of Paula’s multiple sexual assaults and refusal to be held accountable for crimes committed against people under their care.

“It is time that New York State gives our developmentally disabled population the respect and protection they so desperately need and deserve. What happened to Paula is just [part of] a long list of New York State’s well established history in turning its backs on the functionally and developmentally disabled, and it must stop.”

The state has filed a $1.7 million lien against Paula’s estate in an attempt to have the state repaid for the care it provided to her over the years, despite the awarding of the $2.7 million judgment related to the finding that the state failed to protect her.

Paula was 62 years old when she died, and her rapist was never identified. The group home that she lived in was closed.

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