The mother of Bryan Demetrius Montgomery, a deceased developmentally disabled 17-year-old boy from the Bronx, filed suit against The National Deaf Academy for both wrongful death and abuse and neglect of a child. The Plaintiff alleges that Bryan was under the permanent care of National Deaf Academy when:
On or about February 2, 2012 Bryan Demetrius Montgomery was pronounced deceased, the listed causes of death being refractory cardiogenic shock, possible myocarditis, anemia and diabetes mellitus, conditions of which were caused or exacerbated by the negligence and lack of supervision by personnel at NDA who were responsible for his care and well-being.
The plaintiff alleges that:
Among other acts and omissions contributing to the death of Bryan Demetrius Montgomery while under the care of the NDA, the NDA failed to timely conduct a nutritional screening or assessment of Bryan by a nutritionist or registered dietician despite knowing Bryan was diabetic; failed to ensure proper diabetes management or the development of measurable diabetic management goals despite knowing that Bryan presented to the NDA in late December 2011 with insulin-dependent diabetes mellitus as an identified and primary health condition; failed to ensure proper diabetes management was included in Bryan’s master treatment plan as a primary problem…; failed to document, monitor or supervise Bryan’s diabetes and nutrition; and failed to adequately train, monitor and supervise its personnel in the appropriate care and treatment of diabetes and nutrition specific to Bryan.
The suit was dismissed with prejudice on December 9, 2014.