STORY CONTINUES BELOW THESE SALTWIRE VIDEOS - A Massachusetts institution for the developmentally disabled can continue to use controversial electric shock devices to address aggressive or self-harming behavior in residents, the state's highest court ruled Thursday, though it left the door open to future challenges.
The lower court judge, Katherine Field of Bristol County Probate Court, had found that high-ranking officials at the state's Department of Developmental Services in 2010 altered a report by staff to remove a finding that JRC was in"substantial compliance" with state requirements, and that the department in 2011 tried to impose a moratorium on the use of shock treatment for new patients without reviewing scientific evidence.
"The ruling ensures that the lifesaving, court approved electrical stimulation device treatment remains available to those for whom all other treatment options have been tried and failed," Michael Flammia, a lawyer for JRC, said in a statement.Justice Scott Kafker wrote in the court's opinion that the issue was"heart-wrenching," and that the state could take further action based on new facts in the future.
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