James Watson was admitted to an emergency room following a 37-day stay at Watson Memorial Nursing Home in Forth Worth, Texas. By the time he made it to the emergency room, he had gangrene on his right foot, dry mucous membranes, fecal material on his legs and stomach, cloudy urine, a thick membrane covering his tongue, and pressure sores on his heels and right hip. Within two weeks, Mr. Watson was dead.

Upon his admission, emergency room personnel contacted the Texas Department of Human Services (TDHS) because they suspected abuse and neglect by his prior caretaker. After Mr. Watson's death, his children filed a wrongful death lawsuit against the nursing home. At trial, James Watson's family tried to introduce into evidence government survey reports generated between 1992 and 1995, all of which reflected a pattern of inadequate care and treatment provided to other Watson Nursing Home residents. The court did not allow the evidence to be introduced, and that decision was appealed. Now, plaintiffs have petitioned the Texas Supreme Court to review the case of Pack v. Crossroads, Inc.

AARP has filed a "friend of the court" brief on behalf of Watson's family, urging the court to agree to review the case (and ultimately allow the nursing home survey reports to be introduced as evidence). The brief notes that a prior decision by the Texas Supreme Court (Horizon v. Auld, in which AARP also weighed in) as well as state law (for which AARP's state office had lobbied) permit the introduction of this evidence.

The brief also notes that the federal Nursing Home Reform Law of 1987 -- enacted after numerous hearings and studies uncovered grossly inadequate care and serious lack of enforcement of laws -- expressly recognizes the importance of private civil suits like this to be critical tools in enforcement of the laws. Allowing nursing homes to block introduction of evidence such as surveys would greatly hamper the ability of residents and their families to bring the very suits Congress identified as important.

In short, disallowing the evidence undermines federal and state law, directly contradicts legal precedent already set by the same court that is reviewing the Pack case, and could have restrictive repercussions throughout Texas' body of evidentiary law as it could affect numerous other types of evidence in different law suits.

Nursing home residents are among the most vulnerable of citizens. Physical frailties, mental and physical disabilities, isolation, loss of family, friends, and other advocates, fear of retaliation, and other factors make them heavily dependent on others for enforcing their rights and ensuring adequate care. More than 76,000 Texans live in nursing facilities and will be directly affected by this decision. Residents in facilities around the country will also be affected, because this decision will help guide other courts addressing similar issues.