Home > Uncategorized > DDS and provider deny request to use anti-choking device in group home

DDS and provider deny request to use anti-choking device in group home

It was a scary moment for Suzanne Marshall when she learned that her brother Gary had nearly choked to death while eating in his group home in Lexington in January.

Gary uses a wheelchair and can’t assist in efforts to administer the Heimlich maneuver or CPR on him.

As Gary was choking, a staff member first applied several sharp blows to his back, which did not dislodge the food particle. Then a male staff member dragged him out of his wheelchair, placed him on the floor and administered CPR, which successfully dislodged it.

While the episode had a fortunate outcome, Suzanne is concerned that it could happen again, and that this time, a staff member capable of getting Gary out of the wheelchair might not be available.

Suzanne noted that often at the group home, there are either only one or two female staff working. She is concerned that in this situation, a single staff person may not be strong enough to pull her brother out of his chair. He is a total dead weight, she said, and is heavy.

Gary Marshall

Then Suzanne heard about a small airway suction device, which she said has been used successfully in Gary’s day habilitation program.

Called the LifeVac, it is meant to be placed over a choking victim’s mouth and nose while air is compressed out of it, causing a vacuum. If the LifeVac is used, the victim can remain seated in their wheelchair.

Suzanne contends there is a good chance the LifeVac, or another device of similar quality, could save her brother’s life if he were to experience another choking episode and all other measures had failed. In that case, the device would do no harm even if it was also unsuccessful.

Gary, who is 68, is intellectually disabled. He has a tendency to eat too quickly, which can cause choking problems. Due to a craniotomy for cancer and subsequent chemotherapy and radiation, Suzanne said, Gary has continued to decline both physically and intellectually. She said his tendency to choke is due both to dysphasia and his intellectual disability.

Suzanne first asked the manager of Gary’s group home, which is run by JRI, whether the staff could be trained to use the LifeVac as a last resort if existing protocols for helping Gary in a future choking episode were unsuccessful. But her request was denied by JRI, so she contacted the Department of Developmental Services (DDS), which funds the provider.

On June 4, Suzanne received a reply from Meghan Allen, the DDS ombudsperson, stating that the DDS area office and the medical staff were “unable to clear the usage of a non-FDA cleared device should your brother experience another choking event.”

Allen maintained that the device “is not in common use,” and contended that it “has the potential to evacuate air from the lungs and leave the object stuck in the airway. Upon your continued interest in using LifeVac,” Allen added, “the staff did outreach and research and could not find evidence that supports its use in this setting.”

But when Suzanne looked further into the issue, she said, she found studies had recommended the LifeVac. She also found out that the FDA doesn’t clear or approve Class II suction devices, which is how the LifeVac is classified. The FDA requires only that companies that make such devices register with the agency, which the LifeVac company has done.

But none of that has swayed either JRI or DDS. They have continued to deny the use of the device in the group home.

State legislator contacted

Suzanne tried turning to State Representative Michelle Ciccolo, whose district includes Lexington, where Gary’s group home is located. Ciccolo’s legislative aide did contact DDS. But Ciccolo was apparently satisfied with DDS’s position after hearing back from Allen.

I wrote to Ciccolo on June 20, rebutting the arguments put forward by Allen. I also wrote to Allen, similarly rebutting the arguments against using the LifeVac device.

Rebutting statements that the LifeVac is not in common use and allegedly leaves objects stuck in airway

In my messages to Ciccolo and Allen, I noted that with regard to the LifeVac’s usage, the company maintains that the device has been “reviewed, purchased, and implemented” in over 7,900 schools, 330 fire departments, 230 police departments, and 45 hospitals, as well as in “numerous Emergency Response Training Centers, disability facilities, eldercare homes, medical offices, dental practices, restaurants, corporations, and churches, (and) in over one million homes across the country.”

As noted, the LifeVac is used by Gary’s dayhab program. That is, in fact, how Suzanne found out about the device.

With regard to the claim that the LifeVac device leaves objects stuck in the airway, a peer reviewed study says the opposite. The study, published in The International Journal of Clinical Skills, specifically says objects getting stuck in the airway do not constitute a risk with the device.

The study noted that after the LifeVac’s face mask is applied, “a one-way valve on the plunger generates negative pressure. On downward thrust of the plunger, air is forced out the sides of the device and not into the victim. This,” the study said, “avoids the possibility of pushing an obstructing object further into the airway.”

While risks of the LifeVac can include edema and bruising from the generated suction, the study concluded that “the benefit of saving a life clearly outweighs these small risks.”

The study recommended that the LifeVac “be available for use in settings with high risk for choking such as nursing homes and day care centers, and possibly all public eating facilities.”

LifeVac operation instructional diagram

Several peer reviewed studies have been highly positive about the LifeVac

As noted, Allen had further had stated that DDS and medical staff had done research, but couldn’t find evidence supporting the LifeVac’s use.

Allen didn’t describe the research she was referring to. In my messages to Allen and Ciccolo, I noted that Suzanne had provided DDS with a list of eight peer-reviewed studies, which found the LifeVac device to be highly effective.

One of the studies, published by the Frontiers journal, described self-reported data regarding the use of the LifeVac device “in adult patients with oropharyngeal dysphagia during real-world choking emergencies recorded between January 2014 and July 2020.” According to the study:

Over a 6-year monitoring period, the (LifeVac) device has been reported to be successful in the resuscitation of 38 out of 39 patients with oropharyngeal dysphagia during choking emergencies…This portable, non-powered suction device may be useful in resuscitating patients with oropharyngeal dysphagia who are choking.

To be clear, Suzanne is not suggesting that the LifeVac device be authorized to replace existing choking protocols at the group home. As noted, she has asked that the device be used as a last resort should all existing protocols fail.

We hope DDS will take another look at Suzanne’s request with regard to this device. If used as a last resort, as intended, the device will do no harm.

At best, the LifeVac will, and has, saved lives. It makes no sense to us that DDS is unwilling to make it available at least for Gary, and potentially for all clients who are prone to choking.

  1. itanzman's avatar
    itanzman
    July 10, 2024 at 2:16 pm

    I hope that Suzanne will get a physician to order the LifeVac for her brother. The physician needs to put this into a letter. This way the provider and their DDS advocates will be placed into the situation where they will be defying a doctor’s order to deny this.

    Liked by 2 people

  2. Unknown's avatar
    Anonymous
    July 10, 2024 at 2:42 pm

    To me, this is pure evil!!! not allowing her brother, or any other individuals in group homes or hospital units, to use this life saving device! I would think that they would want the best for the clients and patients who use this device!!! This is another shocking story about the DDS organization! HOWEVER, if anyone of these children, through their parents, wanted to transition, and have gender changing hormones, you can BELIEVE it would happen ASAP!!!

    Just because these folks have a developmental disability, makes them NO LESS that anyone else. In fact, they are angels here on earth!!

    So tired of discrimination to those who really need support and help! Get your act together DDS! You should all be ashamed for refusing this woman, and many others who may need this device!!

    Like

  3. Unknown's avatar
    Anonymous
    July 10, 2024 at 3:24 pm

    Exactly right, Irene!

    Like

  4. Unknown's avatar
    Anonymous
    July 10, 2024 at 4:04 pm

    Get a medical order is absolutely the path forward.

    Liked by 1 person

  5. Unknown's avatar
    Anonymous
    July 10, 2024 at 7:08 pm

    I have shared on FB and write about Tommy’s bill. Has Suzanne tried to get a doctors order for the device as an alternative? I hope she gets help soon.

    Maureen

    Like

  6. Unknown's avatar
    Anonymous
    July 10, 2024 at 7:13 pm

    I hope Suzanne gets the help she needs soon for her brother .Has she tried to request a doctors order ? I shared and this difficult issue is exactly why I have Tommy’s Bill filed a third time now.
    🙏🙏Suzanne gets the help she needs for her brother .

    Like

    • Unknown's avatar
      Anonymous
      July 11, 2024 at 8:19 pm

      Thank you for bringing this critical situation to light. Maureen the passing of Tommy’s bill is imperative. Even before COVID, we witnessed far too many deaths in group homes due to outdated DDS and group home regulations.

      It is concerning to see how funding is allocated in these homes when the staff is often paid barely minimum wage and lacks proper qualifications. We must push for better staffing, ensuring that those who work in these environments are medically licensed to meet the needs of this vulnerable population.

      The stories of these wonderful individuals are truly heartbreaking, and we are grateful for the relentless advocacy from their families. Your efforts to highlight these issues are vital to driving the necessary changes.

      Peaches

      Liked by 1 person

  7. Unknown's avatar
    Anonymous
    July 11, 2024 at 12:02 pm

    My doctor did write an order. The pushback I received was that a nurse needed to use the device.

    Like

    • Unknown's avatar
      Anonymous
      July 12, 2024 at 6:57 am

      Since you have a doctor’s order, report the denial to the DPPC & get documentation. Then report it to the federal Office for Civil Rights & see if they will do anything. You can also try going to the media. Fox 25 is pretty good.

      Like

    • Unknown's avatar
      Anonymous
      July 12, 2024 at 3:26 pm

      I was wondering about that, if DDS resistance was because this situation calls attention to staff not being very well trained, but also every situation is not one-size-fits-all. DDS is clearly not interested in meeting individual needs. It’s time to have all staff do a uniform training program, at a community college maybe, but not by DDS. Then they need to be licensed according to job responsibilities.

      Like

      • Lara Dionne's avatar
        Lara Dionne
        July 16, 2024 at 10:25 am

        It is the classic “round peg square hole problem.” The state wants the ICFs gone. Yet the ICFs are the only nursing facilities available to the I/DD population.

        I don’t think most Americans realize the medical neglect the I/DD population experiences in these small, private HCBS homes.

        Like

  8. Peter M. Heimlich's avatar
    Peter M. Heimlich
    July 16, 2024 at 7:16 pm

    “The FDA doesn’t want you to buy anti-choking devices. Here’s why” by Kayla Clarke, WDIV-TV News (Detroit), May 5, 2024: https://www.clickondetroit.com/health/2024/05/05/the-fda-doesnt-want-you-to-buy-anti-choking-devices-heres-why/

    More information on request: Peter.Heimlich@gmail.com

    Like

    • July 17, 2024 at 1:00 pm

      The linked article makes a claim about the FDA without appearing to cite any source for that claim. Even so, the main point the article makes is that anti-choking devices should not be used instead of established anti-choking protocols. Suzanne’s argument is that the LifeVac would be used on her brother only as a last resort — after all of the established protocols have failed.

      In fact, the article does state that, “If you do decide to use an anti-choking device, you should only use it if you’ve tried the approved protocols and they’re not working.”

      Liked by 1 person

  9. Peter M. Heimlich's avatar
    Peter M. Heimlich
    July 17, 2024 at 4:29 pm

    Have you consulted any resuscitation experts for an opinion? If not and if you wish to, I recommend contacting faculty in the Emergency Medicine department of a medical school at any major university. I would also recommend consulting with your state’s EMS bureau. If I can be of further help, please feel free to email me.

    Like

  10. Lara Dionne's avatar
    Lara Dionne
    July 17, 2024 at 4:39 pm

    It is my understanding that DSPs and PCAs are not required to receive American Red Cross (or other certified) first aid training in Massachusetts.

    See page 20:

    https://www.dlc-ma.org/wp-content/uploads/2021/11/Direct-Support-Workforce-Report-Final-11-29-21.pdf

    It sounds like Gary isn’t in an Intensive Supports HCBS waiver home, but a group home. Is it a nursing facility? Or are all staff required to have first aid training there?

    This would be a real issue in standard HCBS waiver homes, because the majority of staff won’t have CPR or choking protocol training at all. Is that what DDS is really worried about here? Highlighting the lack of basic first aid training of DSPs staffing residential placements for the disabled? Nursing facilities would have CNAs, RNs, and rotating physicians. Someone with the training would always be on-site.

    Yet, the disabled no longer have access to nursing facility care in Massachusetts. The regular NFs won’t take those with severe mental illness or the intellectually disabled. There are forms they fill out (PASRR) to evaluate their additional care needs that used to be used to place them appropriately. In an ICF nursing facility.

    Like

  11. Unknown's avatar
    Anonymous
    July 17, 2024 at 10:57 pm

    Get the darn device FDA registered/approved and then it is easier to get a doctor’s order to use. also, these care providers at group home intermediate care facilities or whatever need more medical training at least the level of practical nurse or paramedic not some non-medically licensed amateur or a dubious “nursing assistant”. If the person is that prone to choking, then liquid nutrients are needed.

    Like

  12. Harris Capps's avatar
    Harris Capps
    November 15, 2024 at 3:05 pm

    This is very helpful. Thx! Harris Capps

    Like

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