Elmont Online

ALBANY -- The parents of Jonathan Carey, a 13-year-old with autism who died in February 2007 at the hands of a health aide, will receive $5 million from the state to settle their wrongful death lawsuit against the the O.D. Heck Developmental Center in Niskayuna and the state Office for People with Developmental Disabilities.

"Our son Jonathan was a precious gift from the Lord, and we miss him every day," said Michael and Lisa Carey, Jonathan's parents in a statement released by their lawyers. "Nothing can bring Jonathan back, but we hope his case will be a catalyst for further necessary reform to protect vulnerable, disabled children and adults."

COMMENT ON THIS STORY AND SEE A COPY OF THE LAWSUIT AT CAPITOL CONFIDENTIAL.

Edwin Tirado was found guilty of manslaughter in October 2007 after a jury found he recklessly took the boy's life while restraining him during an ill-fated field trip to Crossgates Mall that began at the O.D. Heck and ultimately ended with Tirado and another aide in handcuffs.

The settlement between the state and Michael and Lisa Carey was first reported by the New York Times, which has recently published a series of articles

on disciplinary breakdowns and financial practices at facilities overseen by the OPWDD and the Commission on Quality of Care, a watchdog agency.

The Careys' attorneys, the firm of Emery Celli Brinckerhoff & Abady, will receive $1.8 million in fees and other payments, according to a stipulation signed by the Careys' lawyer and Assistant Attorney General Belinda Wagner, representing the state. The agreement, which settles the case in the state Court of Claims and a parallel federal action, was signed Tuesday.

"This settlement brings some measure of accountability from the State of New York for this terrible tragedy, but much more must be done," said the firm's Ilann M. Maazel. "We remain deeply concerned about systemic problems plaguing New York State's care for the disabled, and will continue to advocate for disabled people in State care until this system is dramatically reformed."

In June 2010, the Careys reached a six-figure settlement with the Anderson Center for Autism, a private facility based in Dutchess County where their son was a resident before moving to O.D. Heck. The Careys said their son was subject to abuse and negligence at Anderson, including the withholding of food.