Undaunted by Quadraplegia

Until age 22, Clay was a typical Oregonian, hunting and fishing with his dad, cooling off with his friends at local swimming holes, finding solitude in the woods near his home.  That changed abruptly in 1996.  While diving from a rope swing over the Little Luckiamute River, he hit a sand bar and broke his neck.

Clay’s body was paralyzed from the neck down and he required a ventilator to breathe, but his mind was as sharp as ever.   Far from giving in to his limitations, he decided to become a professional counselor to other people with disabilities.

As motivated as he was, however, Clay’s survival depended upon round-the-clock medical assistance.  With support provided through the Oregon Home and Community-Based Medicaid Waiver, which allowed him to live at home and avoid institutional care that is both more restrictive and more costly, Clay moved into an apartment and began pursuing a bachelor’s degree.

In early 2008 Clay’s independence was threatened when the state would not pay for the level of care he needed, making it almost impossible to retain skilled, reliable in-home assistance.  His home became a revolving door of under-qualified, undependable and sometimes even untrustworthy caregivers.

DRO Action

When Clay contacted Disability Rights Oregon, he was essentially being forced into a nursing home – a living arrangement that would have cost the state more and needlessly taken away the full life that this remarkable man had built.  Disability Rights Oregon (DRO) stepped in on Clay’s behalf.

Results

A settlement was worked out between Clay and the Oregon Department of Human Services that allowed Clay to receive the care he needed in his home and to continue living on his own terms.

“This is a stunning victory for all those who desire to remain in their own homes and live independent lives despite their severe disabilities,” said Kathy Wilde of Disability Rights Oregon, one of Clay's attorneys. “It’s a vindication of the principles of self-determination.”  Clay was also represented by Peter James of the Oregon Law Center and Stephen F. Gold of Philadelphia.

Sadly, Clay passed away February 1, 2009.