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).

An Ohio group home is facing legal action after allegedly neglecting a man with “intellectual and/or developmental disabilities,” allowing him to endure weeks without bowel movement. This neglect resulted in a dangerous accumulation of feces, weighing over 20 pounds, which ultimately proved fatal, according to a lawsuit.

The legal complaint, initiated by the family of James Stewart, accuses the Clear Skies Ahead group home in Bazetta Township of failing to prevent the 41-year-old’s death, which the family describes as “entirely avoidable.” The lawsuit argues that the facility ignored Stewart’s dire situation for weeks.

Stewart, who had been diagnosed with autism spectrum disorder, bipolar disorder, and schizoaffective disorder with impulse control disorder, was under medication that caused significant constipation, according to the complaint. He lived at Clear Skies for the daily care and supervision necessary for his safety, his family states.

Tragically, Stewart passed away on November 15, 2024, after enduring constipation for “several weeks to as long as a month,” as noted in the complaint. Stewart had reportedly informed staff about his condition long before his death.

In the days leading up to his death, Stewart reportedly experienced intense abdominal pain and exhibited uncharacteristic behavior. Typically described as a joyful and active person, he appeared despondent and low-energy, frequently voicing his discomfort, according to the lawsuit.

The complaint further alleges that Stewart’s severe constipation was evident, with noticeable bruising on his abdomen. However, despite these “visible” signs, staff from Fairhaven Industries, contracted by Clear Skies, allegedly failed to alert Stewart’s physician or his family about his deteriorating condition.

“[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.”

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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