Hello my friends of the Vine, I know I haven't really posted anything since Sept. last year, except a few short comments on topics that I could not control my big written mouth. I'm writing this primarily to give everyone interested an update with respect to our ongoing saga.
Since I wrote last quit a bit has happened and I will not be able to cover all the details, least I allow this article become a novel of fact that could go on for many pages, so I'm going to cut to the chase and provide as many facts as is possible and try not to make this get out of hand.
First and foremost Margie's cancer is considered to be in full remission, with no expectations of a recurrence in the future, but she is still having some side effects from the Chemo, but all and all she is safe and cancer free for now, be she is keeping up with all the follow up exams to be safe!
Our little trooper Joey is doing well, he had a short 2 night stay in the hospital in January, long enough to be diagnosed, so his mother and I could decide if we were able to safely treat at home instead of the infectious enviroment of the hospital, which is what we choose to do, Joey beat the infection and is no worse for wear.
Starting in Oct. 2011 after herniating 2 discs in my lumbar spine (first time back injury) and Margie landing in the hospital for 8 days due to a different problem, leaving me alone to care for Joey while I couldn't stand up straight (I walked around bent and shaped more like a question mark then a normal upright person) and not being able to get any help from the NJ program that is supported with Federal Funds (yes that means your money too, where ever you live) to provide help for disabled people in these emergent matters, but as usual there was no help to be found!
This my friends was the straw that broke the camels back and my ability to remain silent, so I finally filed an extensive lawsuit against the Dept of Health and Human Services, NJ and Disability Services of NJ, in our local United States District Court (absolute last resort, I'm a truck driver/ Surgical Tech., not a lawyer) in a Hail Mary attempt to get some Justice ( yea I know, Justice and Law mix like oil and water), anyway the state answered the complaint with a motion to dismiss (as expected) claiming the state is immune from civil litigation in federal court, because the 11th amendment of the Bill of Rights gives the state immunity from suits brought against it in our United States District Court, filed by the PEOPLE of the state for blatant violations of Federal Laws surrounding the federal funds paid to the state to insure our disabled population is treated and cared for properly, instead of the continued discrimination that is ongoing in New Jersey.
Naturally I put up what I hope to be an effective Opposition to their Motion to Dismiss, depending heavily on Joey's 14th amendment right to Due Process before he can be deprived of his Life and Liberty and yes, the State of NJ is all to willing to place Joey in a long term care facility at a cost of at least 70% more then the cost of home care. Now you are probably asking what would be the motive for such a move and this is where the Discrimination and Misuse of Federal Funds comes into play. If the state places Joey in a Nursing Home, then the waiver program that cares for Only 300 of the States most Medically Needy at one time, in NJ this accounts for only 1 in almost 29,000 people, because of this extremely limited number of slots, NJ has to place as many people as possible so they have a short waiting list. More importantly, the expense of Institutional Care is NOT paid for by the waiver program, the cost is passed along to NJ Medicaid and Social Security. So essentially NJ is operating a revolving door from a person "Aging Out at 21 Years of Age" to an Institution (or civil INCARCERATION) with NO RIGHT TO DUE PROCESS.
While you consider what you just read, here is a FACT that is so appalling that for this to happen in this nation, where a criminal predator that is still considered to be a threat after servering their sentance can be sued for" Civil Commitment in an Institution for the Remainder of their Lives", while the sick and disabled are just placed without any right to Due Process in a Court of Law to challange or protest a determination such as this and these people are NOT criminals and many already live a miserable life due to their condition and or disability, but that's not enough for NJ, this is a state that wishs to increase suffering, rather offering the help and assistance afforded all disabled people under the ADA.
Either last week or the week before our Fat Arrogant Bastard (FAB) of a Governor, Chris Cristy said in an interview with Matt Lauer, That I am the Governor of NJ and I'll do what I want! This poor excuse for a human being is basically saying that he's the dictator of a totalitarian government within the United States! I hope and pray he is put in his place before too many more good people are injured by this FAB!
Now you might be thinking that the lose of a disabled persons Liberty merely because they are fiscally inconvenient is bad enough, while asking where is the loss of life that we are seeking to avoid, unfortunately we all know the answer to this question all to well, with a simple question, How many people placed in Nursing Homes, Long Term Care facilities and or Institutions come home alive? I don't know the exact percentage, but I do believe it far less then only 5% (excluding Rehab for sevre injury or disease that cause debilating limitations that can be overcome therapy and through adaptation.
I would like to find a way to put my complaint, NJ's answer and my opposition to their Motion to Dismiss in one place that I can provide a link to, so if anyone wants to read them and all the details that go along for the ride, but I don't know how to do that, so if someone can provide some information so I can make this all public and transparent, PLEASE LET ME KNOW.
The Complaint was filed Oct 4th 2011 (unless I got my dates confused), we have gone before the Honerable Judge Simandle for 2 hearings and I believe him to be a very fair Judge , complete with integrety (I get this sense of him by the way he spoke and treated my wife and I at both hearings. There was a motion date of Feb 21, 2012, that will be decided of the paper alone and we haven't gotten any indication which direction the Judge is leaning, but what I do know is, if I can overcome this motion to dismiss, then I get Discovery Rights and that scares NJ to it's very core, if they provide a single honest answer, they will prove my case for me!
As I said before, I'm a truck driver with 30 years on the road and a surgical tech with 6 years experience in the Operating Rooms at the table, I'm not a lawyer, nor do I even like they way law is practiced, where winning is more important then Justice and dealing with Deputy Attorney Generals who's main goal is a partnership in a big firm because of the number of their wins.
Maybe I am too cynical, bitter, pissed, jaded and dismayed to believe that our Judicial System has anything to do with justice, I just hope and pray this complaint and civil action will prove me wrong and Justice will prevail for a change.
I am open to any and all comments, suggestions or advice,"COH PLEASE"