THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, August 23, 1995 TAG: 9508230448
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY TOM HOLDEN, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 100 lines
Pam Snellinger was a 36-year-old woman with a poorly controlled seizure disorder and a deep-seated fear of water. Mentally retarded since infancy, she lived in a group home that her brothers considered safe.
But on May 10, 1994, Jerry Snellinger, one of Pam's four brothers, got a telephone call from the group home and learned she had suffered a seizure. She had been taken to Virginia Beach General Hospital.
When Jerry arrived at the hospital, he discovered Pam had not only had a seizure, but that she had been found face down in a bathtub full of water.
Later that night, Pam Snellinger died.
On Tuesday, the family filed a $15 million suit in U.S. District Court in Norfolk against Community Alternatives Inc., which oversees the group home, and two of its attendants, Deborah Schmidt and Helen Flythe, the residential counselors who had been caring for Snellinger.
The suit is the latest round in the family's efforts to learn the full story of what happened to their sister.
``We got conflicting stories about how long she was left alone,'' said Steve Snellinger of Suffolk. ``The attending physician at the hospital had asked us how long she was under water. They needed to know because it would decide the course of treatment.
``But we did not know,'' he said. ``We called the group home and they said probably 10 minutes. Then Steve Stewart, the supervisor for several group homes - who's now deceased - called the home and they said it was three minutes.
``That's what started the questions in our minds about what's going on here.''
Community Alternatives, or CAI, is a private, non-profit corporation that provides care for people who are mentally handicapped and who have other conditions such as cerebral palsy and seizure disorders.
Typically, governmental and nonprofit agencies enjoy some measure of protection from lawsuits because of the special services they provide.
But the Snellingers' attorney, Andrew M. Sacks, says this case has federal jurisdiction and if he can prove it the court might hold the agency accountable.
The 33-page complaint does not name the city of Virginia Beach as a defendant but makes clear the family's contention that CAI has a close relationship to the city.
The city of Virginia Beach created CAI to care for the city's mentally handicapped people. At the time CAI was created, the city controlled it through the Community Services Board for mental health and mental retardation services.
``We went to federal court because this is a federal constitutional rights suit,'' Sacks said. ``Secondly, we think a federal jury is likely to be more objective in assessing misconduct of a city entity.
On the night in question, Snellinger had returned to the home after a day at a shelter workshop, court records show.
Earlier that day, Snellinger suffered two seizures, which made her weak and prone to more seizures. While in the home, one of the attendants began preparing Snellinger for her nightly bath when a commotion distracted the supervisors. Pam Snellinger was left alone in the bathroom, records show.
When the incident was resolved, the supervisor returned to the bathroom and found Snellinger in the water. She was removed from the water and resuscitation efforts were started.
Sacks said that CAI has repeatedly said it would provide 24-hour supervision. ``But what happened is that she was left totally unguarded for a substantial amount time.''
Dennis I. Wool, executive director of the Community Services Board, which contracts with CAI for services, said the Snellinger case was a tragic incident that has been fully investigated by police.
``It was an accident,'' Wool said. ``I don't have the skills to look into the police investigation, but they said it was an accident and filed no charges. A loss of life like this is always a tragedy, but it was an accident and not caused by neglect.''
Wool has high praise for CAI, saying it ``continues to be a national leader in the service to disabled people.''
He said the Snellinger case underscores some of the complex issues that surround caring for the mentally and physically disabled.
``From our side, there is some dignity that comes from being able to live in the community and enjoy the same community privileges that everyone else does,'' Wool said.
``But there is also some risk that comes from that. When you live in a supervised house, that does not mean you have someone's eyes on you 24 hours a day, seven days a week. That just does not happen to anyone.'' ILLUSTRATION: FILE PHOTO
The Snellinger brothers, from left, Steve, Marc, Jerry and Chuck,
filed a $15 million lawsuit against Community Alternatives Inc. in
U.S. District Court in Norfolk Tuesday. Their sister, Pam
Snellinger, left, died in May 1994. Prone to seizures, she had a
deep-seated fear of water. She was found face-down in a tub full of
water, the family says. Although governmental and nonprofit
agencies have a measure of protection from lawsuits because of the
special services they provide, the Snellingers' attorney, Andrew M.
Sacks, says this case has federal jurisdiction and if he can prove
it, the court might hold the agency accountable.
KEYWORDS: LAWSUIT by CNB