The Story of Nicholas Cavalier’s Brain Injury

as a professional at cottage inn, i know that nick was
physically and mentally abused and possibly, a victim of a
staged confrontation with staff, in order, to be arrested by
santa barbara police. it was costing the hospital a approx.
$1000/day... they chose the most base means of care to
treat nicholas. nick was held down in 4 pt. restraints for over
30 days with out proper review and implementation of state
laws. please contribute to nick's cause, so he can recieve
real treatment at another facility.

i was one on the professionals who cared for nick.
nick's parents and nick, himself, were demonized by certain individuals
of cottage inn. they accused nick of being a sociopath and his parents of neglect.
the main motivation behind this was that nick had no insurance to cover medical cost.
the staff on 5c at cottage inn held nick down for 24/7 in 4 pt. restraints that were not necessary
for over 30 days. i even overheard them conspiring to have him arrest by provoking him to hit them
so that they can, Get him out." one embittered, old charge nurse , in front of everyone,even went so far as to call nick a psychopathic bastard and a..hole. i witnessed several occassions a security guard slamming nicks head against the bed.they would not allow nick to walk around and kept him in a comatose state 24/7.even when it was not necessary.
they finally got rid of nick by agitating him to a point where to police came in. i am curious to whom cottage scape goated for his abused when upper management approved of his abusive treatment

"beaten by a gang."

I think if Mr. Cavalier had been a Latino assaulted by white skinheads, we would have heard much more about this story. The previous silence of the media about this is disgusting. One would think the police dept. would have at least tried to publicize this crime and the city would have issued a reward for witnesses to come forward.

Where is the outrage of this community!!!! Where are the police??? I hope that those responsible are brought to justice, and a special place in HELL is reserved for them!! It is health care for the rich, and the poor get thrown to the dogs!! The only difference between Santa Barbara and Oxnard is the amount of the property taxes!!! Santa Barbara has become a gang infested barrio with the rich looking the other way! I first came here 38 yrs. ago, when the streets were safe and the people were caring. FREE HEALTH CARE OR REVOLUTION IS THE ONLY ANSWER! finodigrassio...PLEASE expose those responsible... PLEASE, S.B. Independent,,,take up the cause. Santa Barbara,,,Santa Barbara,, I love how it sounds,,, I hate what it has become. oldtimer

This is an awful tragedy that nobody should ever have to face. My heart goes out to you for all of this, it really does.

That said, I am also troubled by a lot of what you wrote:
---------------------
"What exactly is code green? I saw it as where security guards and other staff would come running to hold down my non compliant son."

"bringing him home when he was not ready."

"He should never have been allowed to come home until his impulsivity and periodic agitation were brought under control. He became threatening and scary when he did not get his way."

"We were not able to keep him safe from his impulses."

"...the hospital has him with 24-hour, one-on-one supervision and it takes three security guards, physical hand-and-leg restraints, Haldol shots, and other psychotropic medications to contain him"

"He has been suicidal for months. No one seems to get his despair."
------------------
Now, obviously there are some serious problems resulting from the injury.

I am curious though... exactly what would you have them do differently? If a person is deemed to be a threat to others or themselves, standard protocol is restraint, by whatever means necessary to curb the threat.

I'm sorry, but by your own words, your son clearly meets that criteria.

I feel the agony of your situation. No parent or child should ever have to go through anything like this.

If there really is evidence of such egregious abuse, file a lawsuit.

But, honestly, what would you have them do?

From the other poster's comments, it is clear that the hospital was footing some, if not all, of the bill as well. And they did this for how long? Perhaps that is not the case, as it was not the article's author that wrote that but it seems likely.

Seriously, we have one of the best networks of Hospitals and medical care facilities one could hope for at Cottage. Most Hospitals would not have done nearly as much (the good parts... you can bet they'd have restrained him).

They were trying to help. It may not seem like they did enough as your son still has some very serious issues but they did what they could. Yes, a miracle is exactly what is needed indeed. Attacking the Hospital and Medical professionals isn't likely to bring that about, just my opinion.

I'll even donate something to your "fund" and I encourage others to do the same. God knows, you are going to need all the help you can get.

Turn your anger towards the thugs that created this nightmare, not the people trying to help - which is what they were doing.

My heart goes out to Nick and to you, his parents - I cannot begin to imagine what a nightmare this has been and continues to be. I don't pretend to have any answers but I was sickened when I read what was done to your son by and at Cottage Hospital and it is serious enough, that I think you should take the matter to the District Attorney's Office and file a complaint. There are so few people, lawyers included, who are willing to do anything to rock the boat or "offend" the powers that be in this town, nothing may come of it but what was done is so utterly sickening and outrageous that you should ask the DA to take action. All it would take is one case being brought to prevent this horror story from being perpetrated upon others. Please do set up a fund for Nick - I would contribute in a heartbeat. I hope you and your son are able to get to a better place soon.

This is a sad and incredible story. In fact, I find it hard to believe finodegrassio 100%. Why didn't you speak up at the time you witnessed the first abuse and stop it early on? My heart goes out to Nic and the family. At the same time, I agree with cartoonz comments.

It appears cartoonz has more information ( inside??)on this. What is your relationship to cottage inn???????Just the fact that nick was moved to the jail without contacting his parents should tell us something. I have seen many hospitals and "care workers" do bad things and then try their best to cover them up. One does not need to see a dead rat ,,,,,to smell one!!!! FREE QUALITY HEALTH CARE TO ALL,,,,THAT IS THE ONLY ANSWER. I remember my only visit to Cottage Hospital. I had hurt my shoulder. The pain was getting intense. I went to the ER at about 6am. The door was locked. I had to scream through the mail slot for 15 mins. ,,, when someone did come,,,they acted like I did something wrong!!! It only got worse from there. They don,t call it practicing medicine for NOTHING!!!!! My best wishes to Nick and his family!!!!

Well this is an even more sickening account than I read last week in edhat. What an appaling mess. I'm so sorry for Nick, who sounds like a sweet kid from the things I've read, and for his parents. No one deserves this kind of horror.
To those defending the "medical professionals" for "just doing their jobs" I say this: you're out of your minds. A brain injured patient, or any other patient for that matter, should not be treated the way Nick was. And the reports of abuse witnessed by some of the commenters here need to be followed up by the law. Have any charges been filed against the hospital and staff, or the rehab center and staff there?? The reports of conspiring to have Nick arrested by assaulting him to make him angry?? WTF??! This is absolute insanity. It's outrageous. The DA should definitely get involved in this.

AAAAAA++++++ Analog8,,,, where are the investigative reporters at SBI,,,,,,OUT TO LUNCH!!!!!!

look at the photo of nick, his eyes are shut...he is not sleeping. this is the result of a drug cocktail, an induced state
of coma for >30 days and lasting hours on end.
this how we handle "difficult people." brain injury? it is only relevant if you can pay for your hospitalization; then one is accorded the status of patient at cottage inn. 'cottage inn' - how quaint; just the name conjures the image of a country gentlemen strolling through Yorkshire greens listening to the echos of the fox hunt through the din of whispering leaves.
nick was no rich santa barbara acolyte, the fire nick
tended was the passion of surfing, reggae music and
ne'er to do. the staff at cottage inn could smell this and they were ready to feed. nick made the mistake of acting
inappropriate and yes..yes...yes he had assaulted someone at a rehab. center. image blind, confused nick, who could not, even, stand up his 240 lb. body without 3 people. but these "agents of intolerance (McCain 2008),"
emptied out anything bearing a resemblance of his true
personality and inscribed demaeon, sociopath, on his body and soul. the mantra and rather muscular perspective concerning nick was that he was
a danger to the staff. yes, i believe anyone would be quite ornery, if they were constantly shackled and yelled at,
as being less-than-human; and only after constant pleading for no more shots because you coming out of the fog of confusion. it is nuanced, the advent of nicholas.
but these hillbillies, imbued from a different authority and
belligerently ignorant modern medical treatments and who
would not condescend to follow state laws, sought gitmo

Perhaps if we all write to the DA,,,,,,,something will be done!!!!!!! This story makes me sick!!!! How about Nick Welsh doing a follow up story on this. If this is how one patient was treated at Cottage Inn,,I doubt he is the only one.. Anyone else out there have a story??!!!!

I'm very sad about this because the damage is done and we cannot go back and change that. We can only pray for some recovery which will take massive work on the part of Nicholas and his caregivers and therapists. And it will be very hard for the family to find acceptance of this harsh reality.

As it was not made public from the beginning, there was noone, except the bereaved and exhausted family, to watchdog the care of this young man. I doubt that the alleged atrocities done to him would have occurred if attendants and staff knew that this was a media case and they could be observed and reported on.

Those who did, after the fact (anonymously, I think), admit that they had witnessed some of these atrocities probably would have lost their jobs if they made a complaint to higher up staff.

Patient abuse is reprehensible.Brain damaged individuals need special care and gentle TLC. It is not an easy job to work with people who have sufferred the loss of their previous abilities. But cruelty and brutality is unacceptable. There are guidelines in the procedure of take-downs to protect both the patient and the caregiver. Provoking an incident to get rid of a patient is wrong. Wrong.

I hope the media and the District Attorney's office will keep on this tragic story, so that it will not repeated. And some solution can be found for the care of Nicholas.
I pray that he will someday be accepting of who he is now and somehow have a peaceful life in spite of his disabilities. Not easy, but not impossible.

I did read the first story, last week, I believe, and was appalled, but this is even worse. As I am in Mexico, I'm happy to have Indy via internet. But I cannot find the first article any place. Can some one pop up a link for me?Thanks.

http://www.thedailysound.com/010609caval...

This family is everything good about Santa Barbara: humble, loving, always kind and giving back. Nick's dad, Paul, was my son's baseball coach for almost 10 years- all volunteer. Nick has been volunteering since he was a teenager: boys & girls club, PALS, pony baseball... These are such good people they'd totally qualify for Extreme Home Makeover- but they don't own a home.

Quality, qualified care and rehabilitation are crucial right now. For Nick to make as much recovery as possible, these first months are critical, but he's got no insurance... His parents, who are true givers, resisted going public with the story because they are so humble and proud; they didn't want to ask for help.

His story is important on so many levels: treatment of TBI, "gang" issues (misguided youth), hospital staffing, the uninsured... But right now it needs to be about Nick and what can be done to help.

If you feel moved, there's a fund set up at SBBT- any amount will help and will show Nick and his family they're not alone. Thank you, sincerely, for giving Nick a chance

Nick Cavalier Rehabilitation Fund
c/o Santa Barbara Bank and Trust
20 East Carrillo St.
Santa Barbara, Ca 93101-2707

Please consider passing forward Nick's story by forwarding this story.

With Sincere Gratitude and
Happy Thoughts for Nick-

I just got an update on a benefit for Nick Cavalier, should anyone be interested in aiding this cause:

-- Ruby's (734 State St.,962-9688)
-- February 5, from 5pm to 8pm.

Thank you finodigrassio for your courage in naming names. The police report should be very interesting!!!! I hope the family obtains a copy and looks for an attorney! Does anyone know the people mentioned by finodigrassio. Let's check them out on zaba search! If they have nothing to hide, perhaps they will comment on Nicks situation. Any attorneys out there willing to look into this? Here is your chance to be a hero!!! The power of the community is a powerful force! If I was one of those mentioned by finodigrassio, I would be looking to lawyer up!!! For all you attorneys out there, here is your chance to do something for a blind boy( with a terrible brain injury) who was tortured in your own town. You could be the Jerry Spence of Santa Barbara! What more satisfaction could you get from your profession than helping Nick?

It appears finodigrassio has struck a nerve!!!!! They deleted his post!!!!! Once the bell has rung,,,,the names are forever in history!!!! and perhaps in the POLICE REPORT!!!! Sleep well " caretakers"""", some of us look forward to meeting you,,,,,,,IN COURT!!!!!!!

What a cross Nick and Nick's family must bear... y'think? I don't think so...

Our cross to bear is a choice! Nick obviously didn't choose this cross-- nor did his family. None of us would--let alone choose it for our loved ones. There is a very real battle of Good and evil on this earth and it's my belief that Nick unjustly got caught in the middle of that battle. Thus not his choice...not his cross. It's ours. Ours to bear because we get to choose it. Like those who opted to help Christ carry His cross, if even for a little while, until the next one pitched in...or so the story goes.

Nick needs about $157,000 to get into the Center for Neuro Skills in Bakersfield. This pays 3 months of treatment. The family needs only $40,000 to get Nick's foot in the door for one month and it gives the family time to raise more money to cover the balance. Two donations of $1,000 have already been made. To date the family have in the bank $4,000 dedicated to "Nick's foot in the door". Only 36 more people are needed to give $1,000 each or...72 people to give $500 or 3,600 people to give $10 each or 1 person to give $36,000 or...

Our cross to bear?...all anyone really needs to bear is a pen to the checkbook and Nick will gratefully do the rest. Will you please choose to get Nick's foot in the right door asap? Thank you all dearly.

Friend of family for 30years
Charlotte

I have just emailed Nick Welsh( News Editor at the Santa Barbara Independent) and ask for his help on this story. I encourage you to do the same.

I logged on to late and couldn't print the names...if anyone has them...plese email me at naomayo21@yahoo.com.

Mahalo, Nick's sister Naomi

I have personally been through the experience of caring for a brain injury victim.
The brain injury can make the patient very violent and a danger to himself and others. It alters the persons ability to rationalize or cope at every level.
The incident around this injury is being openly discussed by a lot of people. People not involved.
Simple facts needs to be sought and reported.
All of this emotional rhetoric is inflammatory and distracting. It makes no sense. Why the need to attack and be hateful?
I know this is a horrible situation for everyone involved.
I have been in the middle of it myself.
The truth is very important in finding a solution.
Laying blame just delays the process.
Imagine a 200 lb male with the emotional and psychological awareness of a 2 year old.
Imagine the Testosterone,Adrenaline and hormones raging inside this body and the mental capability of this young man being compromised. Imagine being a nurse facing that energy. It would be very difficult to make choices. Even terrifying.
I think the whole picture has to be in view.
Not opinions.
Facts.
I hate to see anyone go through this .
But even more I am disgusted when people jump on a band wagon of hate and blame.
I am sure everyone involved bares some responsability.
Feels some guilt. I know I did and I had nothing to do with my SO's accident. I was helpless to take away his pain. I was scared. Sometimes folks get carried away with fear and try to find blame with someone or something as a way to make them feel better.
Brain injuries are insanely,and I mean insanely emotional for the family involved.
The sudden awareness that an adult will suddenly need long term care is a huge blow.
It is all an incredibely challenging human experience.
Better served if the cause be toward a solution and not hate.
Of course if it is proven that any abuse occured that should be handled legally and with strong consequence.
To damn all the facilities this community has is irresponsible and careless. Helps no one.
I found the more I helped the health care proffesionals on the case,the more they helped me. the SBPD was a huge help as well.
They are there for us as public servants and I believe they are doing their job. But they need help from the family and friends.
Every one has to pitch in and cooperate.
Action toward a solution to help this young man.

On Valentine’s Day of 2004, I received a TBI, caused by paragliding accident. So I am intimately aware of the shortcomings due to this injury. Though my recovery is greater than Nick’s, I am still light years from who I was before.

I have had my day with the police. Within 2.5 months after my Valentine’s crash, the half way house, Solutions in Goleta, allowed me to venture home for the first time. It was then the two appointed care givers, my son and a girl friend not knowing the venerability of one having had a traumatic brain injury and how one is so easily upset, began arguing with me because my son took food I was eating off my plate and when I wanted it back I over reacted. When I voiced my desire to return to Solutions, and being told I had to wait, then I proceeded to leave. Well Solutions in their “training program” told my girl friend and my son, “call the police if I became upset.”

That was exactly what my son and girl friend did, they called the police. So I was handcuffed at my home. For no other reason than I was walking to a neighbor’s house.

Now that is all I am going to say about my experiences, because the root of my writing is because I know that Nick having a brain injury, aka, TBI and the hell he has gone through is due only to the insensitivity and lack of understanding from our medical professionals.

A Brain injury, aka TBI is the signature injury of the Iraq war and there are most likely 100’s of veterans who are receiving little or no help. I have said this till I am blue in the face; the Brain is the organ that stores our entire life’s experiences. Damage that and everything in one’s is instantly altered. Walking, speech, the ability to think coherently, manage day to day chores, memories, essentially everything is instantly changed in a TBI’s life.

We have broken people who need help and understanding and love, so what happened to basic human compassion? If we loose that then we are lost souls and we are showing less compassion than we do to the animals in the animal shelter. What is wrong with our society?

I wish to say thank you to livnlov for so promptly guiding me to the first article.Altho I just now picked it up. I hope many groups will come to the aid in this situation, having fundraisers and letting others know about what happened.

Finding help for Rick is more important than anything else. Yes, there is anger. But, put the energy it takes for anger into looking for positive ways to help Nick and his family.

This story reads like a edge of the seat horror film where the victim is kept under lock and key in a creepy place. The bone chilling horror here is realising the fact that this is REAL and can actually happen in our midst. Please, is there no one in authority that can take the initiative to help this tragic man and his family? Throwing a sick, brain injured man into jail is something one equates with the middle ages and not the 21st century. Clearly man with all his decades of accumulated knowledge should to be forging ahead, and not plunging backwards into darkness and bestiality?

Most of you sound like immature, unreasonable brats. Brain injuries often result in a lack of impulse control and violent behavior. It's awful and a shame, but that doesn't mean the people around them who try to contain and treat them should be blamed for increasing the means needed to provide safety.

mensunderpanties,.. you hit the nail on the head.
200 pounds of man with NO inhibitors,nothing to stop him because he has NO impulse control, has to be simply controlled before he can be helped.
You have to get the patient out of his own way.
The simplest thing can agitate them and then their off and you can not just "talk" them down. I have been almost strangled, pushed into walls,keys pulled out of the ignition WHILE I was driving,suicide threats (constantly),death threats,held down with a forearm over my chest and throat.....
People who have NOT been in front of a TBI, have no business making a judgement on treatment.
It is simply ignorant and helps no one.
Restraints in the hospital do serve a helpful purpose.
They restrain people who are a risk to themselves and others.

If this boy falls again,any kind of fall,he could die.
It is a medical fact that most brain injury patients re-injure in the first 18 months. The issues of impulse and balance attribute to this.
Why do you put a baby in a crib?
So they don't roll off the bed and hurt themselves.
It is pretty much the same for a TBI.
The primary goal is safety.

I would first like to say, hang in there! My son is post 3 and 1/2 years tbi. I do know what you are going through. I am physically and mentally exhausted. Tommy at age 21 was beaten with a baseball bat trying to save someones life. We found him hours later barely clinging to life in the trunk of a car the assailants had stuffed him into. I have been up and down many roads. I have had to get state reps, senators, and congressmen involved. Election years have worked in my favor. They discharged my son home to me, right out of intensive care, because he had no insurance, I have experienced broken teeth, many police calls because he would roam, and countless hours of lost sleep because HIS brain would not allow him to sleep. He has now regained almost all of his vision, and it took alot of time. Please have hope for him, it takes alot of work, and I still work 24/7. I will not not these brutal beings that did to him win.

My brother suffered brain injury as a result of a ruptured aneurysm in 2004. Thankfully he was insured and as a result was flown via Angel Flight to USC University Hospital's Traumatic Intensive Care Unit.

At USC he received brain surgery from some of this country's top neurosurgeons after which he remained in a coma for a month, was fed intravenously and put on a respirator. Miraculously, he recovered little by little. Though he was blind (later corrected by surgery - brain bleeds often cause blindness because blood pools behind the eyes then needs to be surgically removed), and had to learn how to breathe, eat and walk again.

The entire three months we were at USC, we received the utmost care. There was nothing that neuro team of doctors and nurses were unwilling to try if they thought it might help my brother. They were not only so obviously aware of all the most technologically advanced ways of treating brain injury, they were inventing them.

When my brother was discharged from USC's ICU he was assessed to be ready for the level of care in a "stepped down" unit and released to Cottage Hospital.

The incompetence that ensued during his time at Cottage quickly earned it the nickname "Hillbilly Medicine" from our family. No body knew how to care for him. Doctors and nurses alike were fumbling and completely archaic in how they approached his care. After three month's in USC's ICU, we seemed to know more than they did. The best care he received at Cottage was from the in-house rehab staff, who remained open, willing to learn from us and flexible in their approach.

Shortly after my brother was released from Cottage to SB Rehab, and unfortunately much of the same existed there as did at Cottage Hospital, which was alarming as brain injury is something with which SB Rehab claims to have expertise. Again it was the actual rehab staff (not neurologists, staff internists or nurses) that shined and for the same reasons listed above.

After SB Rehab my brother was sent to Solutions, a residential brain injury rehabilitation home run by a staff of incredibly understanding, kind, organized and knowledgeable individuals. When by brother was released from Solutions, an entire year had passed from the time of his original injury.

Today, he is back living at home with his wife and three children. He spends two full days each week at Jodi House, run by the non-profit Brain Injury Association of Santa Barbara. Free of charge, he works with a knowledgeable staff in a kind environment, participates in support groups, skill-building classes and enjoys Reiki, Tai Chi and pottery.

The nightmare of fighting with insurance was nothing less than a full-time job, however, and as they were legally bound, coverage was given. When all was said and done, the bill was more than $2.5 million.

(continued below)

(continued from above)

I have always known that without insurance, even as difficult as it was to get the insurance company to do what they were required to do, my brother would have been cast aside and would have died. It was very clear, every step of the way, that his care would have expired had the money not come through.

As you can see from what I've outlined above, there is a normal procedure for the recovery of brain injury survivors: 1. Critical care in an ICU unit; 2. Continued hospital care in a "stepped down" unit; 3. First-stage rehabilitation; 4. Advanced-stage rehabilitation; and finally, 5. Re-integration.

Without insurance, a person is more than likely to be cast out of the necessary steps of recovery somewhere between steps 1-3 and crisis ensues as a result. This is clearly what happened to Nicholas and it is not okay. It should never be okay. Unfortunately, and until healthcare is not tied to profiteering in our country, this will not change.

nick had impulse control, though limited. no one took the time, except the certified nurse assistants and i must commend most of them for their compassion, to
understand his behavioral repertoire and his comfort level. if the time was taken to understand nick, one could easily figure out he did not like the disrespectful, inconsiderate "treatment "he was getting. i cannot think of one time when a licensed staff, really talked to nick to find out what made his stay at "hostage inn" a more pleasurable pursuit. instead most of the staff offered up false histories how his behavior was miscreant prior to his TBI. I found the staff there dangerously arrogant and drunk with self righteousness, not able to discern a neuro- patient's behavioral limitations from their own inner demons. all this, does not take away from the fact:
a) one person maligns the family and nick publicly
b) a second person would conspire "to take a punch for the team" to such an extent that there would be police involvement; yet worse, the police would have nick arrested and "the police department would have to take care of nick... there he would get the care he needs, he would be a ward of the state or city."
c) and yet another would suggest that: "we should get nick up walking, and i will find a way to get him out of the hospital and declare him AMA ( i.e. departed against medical advice)."
d) " it is costing us 1000/day for him to stay here."
e) no neuro- patient education was given to staff
f) there was a cascade of improper monitoring and
documentation of nick's 4 point regimen, i would not be surprised... if they are backdating their records now.
i believe we are not just dealing with incompetent people; but worse, there are issues of 2 tiered medical system andcertain unprincipled base low vibrating staff

An substantive video interview with Faith Magdalena was featured as a full episode of Off-Leash Public Affairs:
http://www.offleashpublicaffairs.org/200...

I would just like to say that Faith has contributed to the community of Santa Barbara for many years in many ways. Not loudly but quietly and where it was the most effective. I lived in Santa Barbara for 11 years and through many struggles of my own I had the honor of meeting and observing from a distance her many acts of compassion. To have this happen to your child is tragic to start with. But to learn of a system that is so broken and so unavailable is more tragic. I have a son who is mentally ill and in prison. While he does not have a brain injury per se the feelings are all the same. I can relate to the frustration, hopelessness instilled by a system that has cracks, and the feeling of a mother who's love for their child can match no other love. My prayers are with your family Faith and with your son. That may not sound like enough but I believe in the power of prayer and use it faithfully. God Bless You and Yours.