#disabilityrights    #humanrights    #VIctimsrights   

When Dustin Crockett was 13 months old he was violently shaken by a baby sitter resulting in a traumatic brain injury that left him mentally and physically disabled for life.  Today Dustin is 33 years old and although he is happy, overall healthy, socially engaging and outgoing, he still suffers daily from the long term effects of being the victim of Shaken Baby Syndrome.  He has an uncontrolled seizure disorder resulting in 100’s of seizures every day, takes multiple anti-epileptic prescriptions, has a Vagus Nerve Stimulator implant, is grossly developmentally delayed, is incontinent, has left sided hemiparesis, amongst a host of other medical diagnoses.  Dustin is unable to care for himself, will never live independently and cannot be left alone for any period of time, he cannot bathe himself, toilet independently, dress himself, brush his teeth or hair, administer his own medication, prepare his own meals, etc.

With all of Dustin’s medical care, comes an enormous amount of expenses, some of which are not covered by private insurance and/or Medicaid.  Back in 1990, when he was injured, we applied for Crime Victims Compensation and were approved.  This program is administered through the Texas Attorney General’s office and reimburses the family for out of pocket medical expenses related directly to his injury as a result of being the victim of a violent crime.  Today I learned that Dustin has maxed out his lifetime benefit of Crime Victim Compensation funds, which is not near as much as one would think for a “lifetime of care.”  Here’s the thing, Dustin qualifies for a higher maximum lifetime benefit as a “catastrophic” benefit because his injury left him mentally and/or physically disabled for life.  However, this “catastrophic” clause did not come into law until 1995 and Dustin was injured in 1990.  So because he was violently abused prior to 1995, when the “catastrophic” law came into effect, he doesn’t qualify for the higher maximum lifetime benefit.  

I am asking Governor Greg Abbott and Attorney General Ken Paxton to review Dustin’s case and make an exception to raise his lifetime benefit amount. Dustin’s life expectancy is no different than yours or mine, with the exception of his seizure disorder.  He is only 33 years old and has a lifetime of care and medical expenses ahead of him.  It is through no fault of his own that he is in this situation and his family shouldn’t be burdened financially to provide and meet his needs, all because of the babysitter’s actions so many years ago.  

Therefore, I am asking you join me in petitioning Governor Abbott and Attorney General Paxton in reviewing Dustin’s Crime Victim Compensation case (CVC 9010579) and make an exception to the rule and allow the highest maximum lifetime benefit allowable.