Disabled Teen Killed By Nurse's Neglect In Morris Co.: Lawsuit

MORRIS COUNTY, NJ — The parents of a 19-year-old East Hanover resident have filed a lawsuit against a home healthcare company after the death of their disabled, nonverbal son.

Matthew Rossi was autistic and disabled by congenital muscular dystrophy, which left him bound to a wheelchair and requiring specialized one-on-one nursing care, according to the suit filed in the Superior Court in Morris County on Wednesday.

Anabela and Kirk Rossi are suing Matthew's nurse, Emilio Rivera, Bayada, the home nursing service that employed him, and Sami Paedia Care of Totowa, the bus company that transported him to school.

The complaint, which sought unspecified damages, claimed negligence, wrongful death, evidence concealment, emotional distress and nursing malpractice.

According to the lawsuit, as of Feb. 10, 2023, the Rossi family had hired the home care nursing services offered by Bayada to, among other things, accompany Matthew on the school bus to and from the CTC Academy—Oakland School.

The CTC Academy is a non-profit organization that provides educational and therapeutic services for students with a diverse array of developmental disabilities

On Feb. 10, Rivera was the nurse assigned to Matthew by Bayada to provide the nursing services he required throughout the day.

The lawsuit states that around 8 a.m., Rivera received Matthew from his house and that he was stable and at his normal baseline. Rivera accompanied Matthew on the bus to school, where he had an uneventful day.

While being taken to and from school on the bus, Matthew would be restrained in a wheelchair with a three-point harness system.

At or around 2 p.m., Rivera prepared Matthew to go home on the school bus and accompanied him along with a bus driver and bus aide. However, while on the bus, he developed coughing and respiratory distress.

According to the lawsuit, Matthew would require suctioning of mucous and secretions in his mouth and airway at various points throughout the day. During the night, he also needed help breathing from a ventilator.

"Matthew became unresponsive after his coughing and respiratory distress went unnoticed and unattended to by Nurse Rivera was asked by the bus aide and driver if the bus should be pulled over to address Matthew's condition, but Nurse Rivera declined," the lawsuit states.

When his face mask was removed, it was found full of mucous and secretions, which then resulted in the bus being pulled over.

Neither Rivera nor the bus aide or driver dialed 911 or performed CPR or other resuscitation measures, and Rivera failed to suction and clear Matthew's airway, which was clogged with secretions and mucous.

Rather, Rivera instructed the bus driver to simply proceed to Matthew's home, which the bus driver and bus aide complied with.

Emergency services were only called when Kirk saw his son being transferred off of the bus, already in acute distress.

"Despite resuscitation efforts by the Plaintiff, Kirk R. Rossi, and emergency medical personnel, Decedent was pronounced dead at 4:14 p.m. at the Plaintiff’s home. The Plaintiffs did not learn for approximately one month anything about what had transpired during the Decedent’s last bus ride home," the suit states.

The lawsuit claims that due to negligence, recklessness and carelessness, a lack of skill, and a deviation from accepted standards of nursing and home health care, Matthew sustained severe, life-ending, injuries and died a wrongful and untimely death.

"Nothing is going to bring him back. The loss is still the same," Anabela Rossi told NJ Advance Media. "But Matthew was betrayed. Matthew was betrayed."

The family is seeking compensatory and punitive damages.

Bayada Home Health Care did not immediately respond to Patch's request for comment.