Cerri, Boskovich & Allard Secures Settlement in Sexual Abuse Case Involving Autistic Child Unable to Speak

$3.8 Million Settlement Highlights Risks Facing Individuals with Developmental Disabilities

SAN JOSE, Calif.--(BUSINESS WIRE)--A $3.8 million settlement secured by the San Jose law firm of Cerri, Boskovich & Allard against Trumpet Behavioral Health, LLC and its parent company, BlueSprig, brings attention to the heightened vulnerability of individuals with intellectual and developmental disabilities, particularly those who cannot communicate well.

The lawsuit involved the sexual abuse of an autistic child receiving behavioral therapy services. According to attorney Mark Boskovich, “Trumpet had been warned by a childcare provider that the alleged abuser had inappropriately touched multiple children and was barred from returning to that company as a result. Not only did Trumpet continue to employ him, but they placed him into the home of a developmentally disabled minor where he received little supervision.”

The case raises serious questions about employee screening, supervision, and the responsibility of organizations providing services to individuals who depend on others for their safety and care. For individuals who are nonverbal or have significant communication impairments, reporting abuse can be extraordinarily difficult. They may have few ways to communicate when the very people entrusted with their care have harmed them. Families may recognize changes in behavior or signs of distress without knowing what happened or how to establish it.

“When a child cannot tell you what happened, the responsibility to protect that child becomes even greater,” Boskovich said. “These individuals depend on the adults around them for their safety, and the organizations employing those adults have an obligation to make sure they are protected. Their inability to speak for themselves should never make them easier targets or make it harder to hold those responsible accountable.”

People with disabilities face an alarming risk of violence. Data from the Bureau of Justice Statistics shows they are over 2.5 times more likely to be victims of violent crimes, while an NPR analysis of Department of Justice figures found that individuals with intellectual disabilities are sexually assaulted at seven times the rate of non-disabled individuals.

About Cerri, Boskovich & Allard

Cerri, Boskovich & Allard has spent years representing individuals with developmental disabilities in abuse and neglect cases, developing ways to present survivors' experiences when traditional verbal testimony is not possible. Its notable results include a $7.6 million settlement involving sexual assault at Mission College, a $6 million jury verdict against Sonoma County care provider Becoming Independent, and a $6 million settlement with Twin Rivers Unified School District involving institutional failures that allowed an abusive employee continued access to vulnerable students. The firm focuses on representing survivors, including those who are nonverbal or face significant communication barriers.