Western State accused of violations

A citizens’ board for Western State Hospital has determined that the facility has repeatedly violated the law in its treatment of a mentally ill patient who speaks little English.

The Local Human Rights Committee of Western State Hospital issued an opinion this week that said the hospital didn’t provide mental health treatment, medication information or translations of treatment plans in Spanish for a patient known as “Mr. C.” The opinion also stated the hospital used seclusion and restraint improperly for behavioral purposes.

Alex R. Gulotta, executive director of the Legal Aid Justice Center in Charlottesville, and another local attorney, Nathan J. D. Veldhuis, have been working on Mr. C’s behalf after getting an anonymous tip.

“We’re thrilled,” Veldhuis said Thursday. “We believe it just reinforces the position that we’ve been trying to advance on Mr. C’s behalf for the last two years.”

Meghan McGuire, a spokeswoman for Western State, said the state-run psychiatric hospital in Staunton is reviewing and responding to the committee’s recommendations.

“Western State Hospital works really hard to make sure that every one of its patients receive the best care possible, and all the while ensuring that the safety of other patients and staff are protected,” said McGuire, who is with the state’s Department of Mental Health, Mental Retardation and Subs-tance Abuse Services.

McGuire declined to comment specifically on Mr. C’s case.

For more than 20 years, Mr. C has been in solitary confinement at Western State. Gulotta said the facility built him a “locked limited containment area” that included a bedroom, bathroom and a fenced-in porch. The door to his room has a Plexiglass window and a slot in the door through which Gulotta said Mr. C has most of his interaction with other people. Mr. C does suffer from serious paranoia, but Gulotta said he is calmer when he is around his family and other people who speak his first language, Spanish.

“He can be unpredictable, but he also can be a kind and loving human being,” Gulotta said. “The attitude at the hospital is that everyone should fear him.”

The committee recommended Monday that the hospital transfer Mr. C to a facility closer to his family, where he will be treated by Spanish-speaking staff and have more freedom in his treatment plan. Officials are not releasing any personal information on Mr. C such as where he is from. The recommendations also said Western State Hospital must show paperwork to approve the use of the locked area where the patient was held, as well as follow all laws on solitary confinement.

Although the committee has recommended Mr. C be transferred, Gulotta said that may not happen anytime soon. The hospital has five days to respond to the opinion, which they could honor or appeal to the state’s human rights board.

This is not the first time Western State has been accused of violating the law. About 10 years ago, the U.S. Department of Justice found the hospital was using seclusion and restraint improperly for Mr. C and other mentally ill patients. According to the news release, the hospital made some changes for Mr. C, but he remained isolated from other patients.