The family of an Aboriginal man who died of respiratory failure after being restrained in a “bear hug” by a carer in Alice Springs is suing his disability provider for negligence.
Court documents obtained by the ABC showed the 27-year-old, who the ABC has chosen not to name, died of “acute respiratory failure” while in the care of Life Without Barriers (LWB) in April 2022.
The writ filed in the Northern Territory Supreme Court revealed the man was under guardianship orders at the time due to “complex mental health and behavioural issues with organic psychosis secondary to acquired brain injury involving petrol abuse”.
The writ said the man struck his carer, James Gobodzo, on the side of the head with a baseball bat on the evening of April 21, before Mr Gobodzo put him in a “bear hug” and both men fell to the ground.
One of the man’s relatives then removed the bat from his hands and left the area before Mr Gobodzo “eventually manipulated him into a position where the deceased was laying on his stomach with Gobodzo on top of him with one knee on the deceased’s back”.
The 27-year-old’s family has filed a negligence lawsuit in the Supreme Court. (ABC Alice Springs: Mitchell Abram)
“The deceased called out to family members that he could not breathe and two family members called police,” the document reads.
“The third plaintiff told Gobodzo that the deceased could not breathe and asked him to get off. Gobodzo refused to do so.
“Shortly after, the first plaintiff came to where Gobodzo was holding him and told him that he did not know what he was doing but Gobodzo said words to the effect ‘l know what I’m doing’.
“The deceased was held in the position described … after complaining that he could not breathe for approximately three minutes and subsequently stopped struggling as he lost consciousness.”
The writ said police were called but Mr Gobodzo only started CPR “three minutes after their arrival” before paramedics also arrived and assisted for another 25 minutes until the man was pronounced dead.
“The deceased died as consequence of acute respiratory failure in the context of Chiari 1 malformation, agitation, struggle and restraint of a person with longstanding complex mental health and behavioural issues and cannabis use,” the document reads.
The family says Life Without Barriers was funded to provide services by the National Disability Insurance Scheme. (AAP: Mick Tsikas)
The family claimed LWB was vicariously liable for Mr Gobodzo’s conduct and failed to “to exercise reasonable care, skill and diligence as the provider of carer services”.
“The defendant was in breach of its duty of care to the plaintiff in failing to ensure that Gobodzo was appropriately trained in physical restraint and use of force techniques and his use of force training, skill and knowledge was reinforced by regular follow up and training,” the writ reads.
The family claimed Mr Gobodzo had completed “management of actual or potential aggression” training the previous year, which included instruction that physical intervention “must be proportionate to the assessed risk of harm and only used as temporary risk management strategy”.
“Staff must remember that the purpose of physical intervention is to reduce the risk of harm and should quickly look at ways in which they can de-escalate the situation, let go and return control to the person,” the document reads.
The young Aboriginal man suffered from complex mental health and behavioural issues with organic psychosis secondary to an acquired brain injury. (AAP: Mick Tsikas)
It said warning signs included if the person shouted “let go” and that if “the person attempts to struggle free, consider letting go as soon as possible”.
“If the person complains of or appears to have difficulty breathing, this should be treated as urgent,” it says.
“lf the person is unresponsive to requests or instructions, treat this as medical emergency and stop the restraint.”
The family claimed LWB breached its duty of care through Mr Gobodzo’s failure to “use reasonable and necessary force”, “cease the application of the restraint when the deceased complained that he could not breathe” and provide CPR “in an appropriate time frame”.
LWB is yet to file a defence and the case returns to court on September 4.
