HomeCrimeGroup home ignored man's fatal constipation complaints: Suit

Group home ignored man’s fatal constipation complaints: Suit

Inset: James Stewart (Michael Hill Trial Law). Background: A building for Clear Skies Ahead, the Ohio group home accused of causing the death of 41-year-old James Stewart (Google Maps).

Inset: James Stewart (Michael Hill Trial Law). Background: A building for Clear Skies Ahead, the Ohio group home accused of causing the death of 41-year-old James Stewart (Google Maps).

A group home in Ohio allowed a man with “intellectual and/or developmental disabilities” and a “history of constipation” to go weeks without a bowel movement, leading to a “massive” collection of impacted feces in his colon that “weighed over 20 pounds” and killed him, a lawsuit says.

“Defendants did nothing for weeks to help James,” a legal complaint filed by James Stewart”s family charges, accusing the Clear Skies Ahead group home in Bazetta Township of causing the 41-year-old’s “entirely avoidable death.”

Stewart had a history of “autism spectrum disorder, bipolar disorder, and schizoaffective disorder with impulse control disorder.” He was taking medications for his “intellectual disorders” that caused severe constipation, according to the complaint, and was residing at Clear Skies because he needed daily assistance with his care needs and supervision to keep him safe, his family says.

Stewart died on Nov. 15, 2024, after complaining to staff about being constipated for “several weeks to as long as a month,” the complaint alleges.

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“For several days before November 15, 2024, James complained of abdominal pain, and was not acting like himself,” the complaint says. “James was typically a happy, friendly, and active individual, who brought joy to those around him. In the days, and even weeks leading up to November 15, 2024, James was despondent, low energy, and complaining of pain.”

Stewart allegedly showed “visible” signs of his severe constipation, including bruising to his abdominal area “that was noticeable upon any reasonable inspection.” The complaint says staffers with Fairhaven Industries, which was contracted by Clear Skies, did not notify Stewart’s physician of his condition, nor did they notify his family.

“[Stewart] complained of abdominal pain for several days, had not had a bowel movement in several weeks, and had a long, rectangular bruise (light purple shade) across his abdomen,” the complaint says. “Clear Skies Ahead and Defendant Fairhaven Industries, Incorporated, did not have a system in place for their staff to monitor and record bowel movements for residents, including James.”

This allegedly led to the group home and its workers “missing completely that James had not had a bowel movement.” Stewart tried telling staff that he was “not feeling well and that he had abdominal pain,” which he said he experienced consistently, but nobody took his complaints seriously, the complaint says.

“[A staff member] instructed James to ‘sit on the toilet,'” the complaint alleges, noting how the suggestion came the day Stewart died. “Even though he sat on the toilet for some time, James could not have a bowel movement.”

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A Clear Skies Ahead manager later found James in his room “unresponsive, not breathing, and with no pulse,” according to his family. The Bazetta Township Fire Department arrived on the scene shortly after and noted that James had a “discolored line across his abdomen, and that his abdomen was significantly distended — or swollen — and rigid to touch,” the complaint says. Medics transported Stewart to a local hospital, where doctors pronounced him dead.

The autopsy performed by the county coroner revealed that Stewart’s colon was “obstructed with hardened stool for so long that the collection of impacted feces in his colon weighed over 20 pounds, putting so much pressure on his internal organs that it caused tension pneumoperitoneum — gas from inside James’s bowel forcing its way into his abdomen through microtears in the wall of his intestines,” according to the complaint.

“Group homes like Clear Skies Ahead are entrusted with the care of our most vulnerable loved ones,” said attorney Michael Mooney, with Michael Hill Trial Law, who is representing the family. “What happened to James is a heartbreaking reminder of what can occur when that responsibility is ignored. This lawsuit is about accountability and ensuring no other family ever endures a loss like this.”

Clear Skies Ahead and Fairhaven did not respond to Law&Crime’s requests for comment.

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