STATEMENT BY Ms. Marcella Goheen11/11/2020 @ 11:00 AMFor Presser with Mr. Sussman
My name is Marcella Goheen, and I am honored to serve my husband and speak for his disability at this time in history. Tomorrow, 11/12 will mark EIGHT months since I’ve put my hands on my husband to give essential neuro-motor care that I provided to him in his facility as his accommodation. Isabella Geriatric Center is my husband’s home. I love Isabella. It hurts to sue them to establish a reasonable visitation care schedule. But, I have no choice.
The options I have at this time are:
The lawsuit is simple. To pursue reasonable, lawful visitation that is allowable by federal disability accommodation -- - reasonable compassionate care, essential visitation - as is guided by the current State and Federal Regulations within the pandemic. Facilities statewide are practicing at their own discretion, per the guidance and oversight of the New York State Department of Health. The discretion, unfortunately, in my case - is not rooted in what benefits and reflects the needs of the resident. Thus, the current practice is contributing to accelerated decline from the long-term isolation, separation, and solitary confinement, along with my husband not receiving his accommodation.My husband clinically, medically, psycho-socially, emotionally, spiritually, physically benefits from the care visits I’ve provided for four years. It delays his rare neuro motor discourse. That is fact. A COVID-19 Survivor, Eight months in isolation, without my essential care, Robert is and will continue to journey in an accelerated deterioration and decline from his rare neuro-moto process.This is unacceptable. I will not be complicit ~ when a simple, humane solution is available ~ and the science driven data shows that the failure to thrive deaths from isolation are more than COVID-19 deaths in nursing facilities at this time. Isolation is our current public health crisis. I will not allow my husband to perish from prolonged isolation because of language, liability wars that have nothing to do with him, and lack of understanding of his rare condition where there are no clinical modules, or assessment definitions to assess him because of his rare disability at this time in history. This lawsuit will create them. For him. He breathes. He is human. He is deserved as a disabled person, with his rare disability, to be accommodated for his needs according to the law.The dance that he, as a resident, is being put through, between the pushback of Health Agencies, to Facilities, and back again - is unconscionable. This liability dance is hurting only hurting one person - and that is my husband. A great, kind, disabled man, who is unable to speak, but understands everything. I love you, Robert. I am proud of you. It is an honor to be your wife.It is his right to stand up for himself. To speak for himself. But, as he is non-verbal ~ I, as his wife and his essential and compassionate caregiver - have to go to court to speak for him and his needs. Insanity. It remains an honor and privilege to ask the courts with our Counsel, Mr. Michael Sussman, to intervene to work to establish an unprecedented, humane, compassionate decision in a pandemic, and enforce the law that will satisfy all residents rights laws, disability rights laws for accommodations deserved of a disabled person living in a Residential Facility.I ask this from the Press for Five things: