Latest news with #intellectualdisability

ABC News
3 days ago
- Health
- ABC News
Mother calls for change after daughter with intellectual disability told to wait five months for CT scan
One of Imogen's favourite games is to play doctor with her teddy. As she pretends to take a blood sample, it is clear how familiar she is with being reassured during medical procedures. "It's OK Teddy, it doesn't hurt," she tells a knitted bear fitted with a cannula. The five-year-old knows what it is like being scared of needles, hospitals and health workers. Imogen lives with a rare condition, which involves intellectual disability and profound hearing loss. To prepare for medical procedures, her parents use games, toys and stories. But nothing they have tried works when it comes to CT scans. Her mum Ineke once managed to get her into the room at Westmead Children's Hospital in Sydney, where the scanner was decorated with colourful fish to reassure young people. "It was just too overwhelming. Even though she desperately wanted to try, she was not able to," Ineke said. So when their ear nose and throat specialist had concerns a mass may be growing in her middle ear, a scan under anaesthetic was ordered. Ineke was shocked when she was told her daughter would have to wait five months for the procedure. Do you have a story to share? Email More than 450,000 Australians live with intellectual disability, according to government data. People with intellectual disability die on average 27 years earlier than the rest of the Australian population and have double the preventable death rate, according to research from UNSW's National Centre of Excellence in Intellectual Disability Health. A review into deaths of people with disability in care in Queensland also found "many people [were] not diagnosed with the condition that led to their death until either just before their death or at autopsy." Cathy Franklin, a researcher with the Queensland Centre for Intellectual and Developmental Disability and Autism Health, said there was not enough support for people with intellectual disability in the medical system. She said even having a simple procedure like a blood test could be challenging for this community and the people who cared for them. Accommodations that can help make it possible for a person with intellectual disability to undergo a medical procedure include role play or visual stories that explain the smells, sensations, sounds and movements to expect. Dr Franklin said only a few medical centres across Australia do this and are generally set up to accommodate children. "In most parts of Australia, there's simply nowhere to refer if someone with intellectual or developmental disability needs a blood test under sedation or even just with additional psychological support," she said. It took several weeks and many phone calls before Imogen's mum was able to secure an appointment for her CT scan under a general anaesthetic. When her GP saw the results, the family was told to take her straight to hospital. The radiologist's report noted the bones in her middle ear were "almost completely eroded" and other parts were facing "near complete obliteration". Within 48 hours, Imogen underwent urgent surgery to remove the rapidly advancing growth. "That there could have been even more serious consequences is really scary." Ineke said the family was grateful for the care Imogen received over the years across multiple hospitals, but lamented it often fell on individual healthcare workers to ensure her daughter received the care she needed. She has written to NSW Health asking for an increase to the number of days allocated to medical imaging under anaesthetic, worried that others were missing out on the kind of care Imogen received. "It was a near miss," Ineke said. "Many families, especially families who have kids with disabilities, don't have the time, energy or resources to be able to advocate in the way that I was able to." In a statement, NSW Health said it was "committed to providing safe, inclusive, person-centred care to people with disability". It said the decision to conduct imaging under sedation or general anaesthetic was based on the needs of the patient and in conversation with the treating practitioner, the patient, their families and in line with relevant policies. A statement from the Sydney Children's Hospital Network focused only on MRI scans. "All children and young people requiring an MRI scan, with or without general anaesthetic, are triaged and prioritised based on clinical need, with the most urgent cases always seen first," a spokesperson said. "Parents are given an estimated timeframe for an MRI scan, however, this timeframe may change based on a child's clinical assessment," they said. "For children who do require general anaesthetic, MRI sessions are held five times a week, with emergency sessions run on weekends, as required. There is no anticipated change to the service." If a parent feels their child's condition has worsened, they can contact their child's treating team so a clinical review can take place, the spokesperson added.
Yahoo
3 days ago
- Yahoo
Man formerly on death row can't serve 2 life terms at the same time, Tennessee Supreme Court rules
MEMPHIS, Tenn., (AP) — A Tennessee judge did not have the authority to give Pervis Payne, who was formerly on death row, concurrent sentences of life in prison after ruling that he was intellectually disabled and could not be executed for two 1987 killings, the state Supreme Court said Monday. The court's ruling said a Memphis judge lacked the jurisdiction to give Payne two life sentences to run at the same time rather than one after the other. The concurrent sentences allowed Payne to be eligible for parole in 2026 — 30 years earlier than if the sentences were consecutive. The Supreme Court did not issue the consecutive life sentences for Payne in its ruling. Instead, it returned the matter to the trial court in Memphis for further proceedings. Payne had been on death row for the killings of a woman and her 2-year-old daughter. In January 2022, Judge Paula Skahan sentenced Payne to concurrent sentences of life with the possibility of parole after ruling in November 2021 that his death sentences must be vacated because he was intellectually disabled. The case has drawn national attention from anti-death-penalty activists and included the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. DNA tests failed to exonerate Payne. Skahan's ruling that Payne should be removed from death row was based on a Tennessee law passed earlier in 2021 that made prohibiting the execution of intellectually disabled people retroactive to past cases. Before the 2021 law, Tennessee had no mechanism for people to reopen a case to press an intellectual disability claim. Executions of intellectually disabled people were ruled unconstitutional in 2002, when the U.S. Supreme Court found they violate the Eighth Amendment's ban on cruel and unusual punishment. Payne, 58, was convicted of first-degree murder for the killings of Charisse Christopher and her 2-year-old daughter, Lacie Jo, who were repeatedly stabbed in their Millington apartment and left in a pool of blood. Christopher's son, Nicholas, who was 3 at the time, also was stabbed but survived. Payne, who is Black, has always maintained his innocence. He told police he was at Christopher's apartment building to meet his girlfriend when he heard the mother, who was white, screaming and tried to help. He said he panicked when he saw a white police officer and ran away. During his murder trial, prosecutors said Payne was high on cocaine and looking for sex when he killed Christopher and her daughter in a 'drug-induced frenzy.' Prosecutors said the evidence overwhelmingly pointed to Payne as the killer. However, evidence presented by two experts showed Payne was intellectually disabled, while Payne's supporters said he had taken significant steps in his rehabilitation while serving three decades in prison. It was not immediately clear Monday when Payne would be eligible for parole under the Supreme Court's decision. A hearing must be set to address the new ruling. Payne's lawyer, Kelley Henry, has pushed for Payne's full exoneration. 'Pervis Payne remains incarcerated for a crime he did not commit,' she said in an email Monday. 'We will continue to fight for his freedom and to bring him home to his family.'


Al Arabiya
4 days ago
- Al Arabiya
Man Formerly on Death Row Can't Serve 2 Life Terms at the Same Time, Tennessee Supreme Court Rules
A Tennessee judge did not have the authority to give Pervis Payne, who was formerly on death row, concurrent sentences of life in prison after ruling that he was intellectually disabled and could not be executed for two 1987 killings, the state Supreme Court said Monday. The court's ruling said a Memphis judge lacked the jurisdiction to give Payne two life sentences to run at the same time rather than one after the other. The concurrent sentences allowed Payne to be eligible for parole in 2026 – 30 years earlier than if the sentences were consecutive. The Supreme Court did not issue the consecutive life sentences for Payne in its ruling. Instead, it returned the matter to the trial court in Memphis for further proceedings. Payne had been on death row for the killings of a woman and her 2-year-old daughter. In January 2022, Judge Paula Skahan sentenced Payne to concurrent sentences of life with the possibility of parole after ruling in November 2021 that his death sentences must be vacated because he was intellectually disabled. The case has drawn national attention from anti-death-penalty activists and included the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. DNA tests failed to exonerate Payne. Skahan's ruling that Payne should be removed from death row was based on a Tennessee law passed earlier in 2021 that made prohibiting the execution of intellectually disabled people retroactive to past cases. Before the 2021 law, Tennessee had no mechanism for people to reopen a case to press an intellectual disability claim. Executions of intellectually disabled people were ruled unconstitutional in 2002 when the US Supreme Court found they violate the Eighth Amendment's ban on cruel and unusual punishment. Payne, 58, was convicted of first-degree murder for the killings of Charisse Christopher and her 2-year-old daughter, Lacie Jo, who were repeatedly stabbed in their Millington apartment and left in a pool of blood. Christopher's son, Nicholas, who was 3 at the time, also was stabbed but survived. Payne, who is Black, has always maintained his innocence. He told police he was at Christopher's apartment building to meet his girlfriend when he heard the mother, who was white, screaming and tried to help. He said he panicked when he saw a white police officer and ran away. During his murder trial, prosecutors said Payne was high on cocaine and looking for sex when he killed Christopher and her daughter in a drug-induced frenzy. Prosecutors said the evidence overwhelmingly pointed to Payne as the killer. However, evidence presented by two experts showed Payne was intellectually disabled, while Payne's supporters said he had taken significant steps in his rehabilitation while serving three decades in prison. It was not immediately clear Monday when Payne would be eligible for parole under the Supreme Court's decision. A hearing must be set to address the new ruling. Payne's lawyer, Kelley Henry, has pushed for Payne's full exoneration. 'Pervis Payne remains incarcerated for a crime he did not commit,' she said in an email Monday. 'We will continue to fight for his freedom and to bring him home to his family.'

Associated Press
4 days ago
- Associated Press
Man formerly on death row can't serve 2 life terms at the same time, Tennessee Supreme Court rules
MEMPHIS, Tenn., (AP) — A Tennessee judge did not have the authority to give Pervis Payne, who was formerly on death row, concurrent sentences of life in prison after ruling that he was intellectually disabled and could not be executed for two 1987 killings, the state Supreme Court said Monday. The court's ruling said a Memphis judge lacked the jurisdiction to give Payne two life sentences to run at the same time rather than one after the other. The concurrent sentences allowed Payne to be eligible for parole in 2026 — 30 years earlier than if the sentences were consecutive. The Supreme Court did not issue the consecutive life sentences for Payne in its ruling. Instead, it returned the matter to the trial court in Memphis for further proceedings. Payne had been on death row for the killings of a woman and her 2-year-old daughter. In January 2022, Judge Paula Skahan sentenced Payne to concurrent sentences of life with the possibility of parole after ruling in November 2021 that his death sentences must be vacated because he was intellectually disabled. The case has drawn national attention from anti-death-penalty activists and included the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. DNA tests failed to exonerate Payne. Skahan's ruling that Payne should be removed from death row was based on a Tennessee law passed earlier in 2021 that made prohibiting the execution of intellectually disabled people retroactive to past cases. Before the 2021 law, Tennessee had no mechanism for people to reopen a case to press an intellectual disability claim. Executions of intellectually disabled people were ruled unconstitutional in 2002, when the U.S. Supreme Court found they violate the Eighth Amendment's ban on cruel and unusual punishment. Payne, 58, was convicted of first-degree murder for the killings of Charisse Christopher and her 2-year-old daughter, Lacie Jo, who were repeatedly stabbed in their Millington apartment and left in a pool of blood. Christopher's son, Nicholas, who was 3 at the time, also was stabbed but survived. Payne, who is Black, has always maintained his innocence. He told police he was at Christopher's apartment building to meet his girlfriend when he heard the mother, who was white, screaming and tried to help. He said he panicked when he saw a white police officer and ran away. During his murder trial, prosecutors said Payne was high on cocaine and looking for sex when he killed Christopher and her daughter in a 'drug-induced frenzy.' Prosecutors said the evidence overwhelmingly pointed to Payne as the killer. However, evidence presented by two experts showed Payne was intellectually disabled, while Payne's supporters said he had taken significant steps in his rehabilitation while serving three decades in prison. It was not immediately clear Monday when Payne would be eligible for parole under the Supreme Court's decision. A hearing must be set to address the new ruling. Payne's lawyer, Kelley Henry, has pushed for Payne's full exoneration. 'Pervis Payne remains incarcerated for a crime he did not commit,' she said in an email Monday. 'We will continue to fight for his freedom and to bring him home to his family.'


The Independent
4 days ago
- The Independent
Man formerly on death row can't serve 2 life terms at the same time, Tennessee Supreme Court rules
A Tennessee judge did not have the authority to give Pervis Payne, who was formerly on death row, concurrent sentences of life in prison after ruling that he was intellectually disabled and could not be executed for two 1987 killings, the state Supreme Court said Monday. The court's ruling said a Memphis judge lacked the jurisdiction to give Payne two life sentences to run at the same time rather than one after the other. The concurrent sentences allowed Payne to be eligible for parole in 2026 — 30 years earlier than if the sentences were consecutive. The Supreme Court did not issue the consecutive life sentences for Payne in its ruling. Instead, it returned the matter to the trial court in Memphis for further proceedings. Payne had been on death row for the killings of a woman and her 2-year-old daughter. In January 2022, Judge Paula Skahan sentenced Payne to concurrent sentences of life with the possibility of parole after ruling in November 2021 that his death sentences must be vacated because he was intellectually disabled. The case has drawn national attention from anti-death-penalty activists and included the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. DNA tests failed to exonerate Payne. Skahan's ruling that Payne should be removed from death row was based on a Tennessee law passed earlier in 2021 that made prohibiting the execution of intellectually disabled people retroactive to past cases. Before the 2021 law, Tennessee had no mechanism for people to reopen a case to press an intellectual disability claim. Executions of intellectually disabled people were ruled unconstitutional in 2002, when the U.S. Supreme Court found they violate the Eighth Amendment's ban on cruel and unusual punishment. Payne, 58, was convicted of first-degree murder for the killings of Charisse Christopher and her 2-year-old daughter, Lacie Jo, who were repeatedly stabbed in their Millington apartment and left in a pool of blood. Christopher's son, Nicholas, who was 3 at the time, also was stabbed but survived. Payne, who is Black, has always maintained his innocence. He told police he was at Christopher's apartment building to meet his girlfriend when he heard the mother, who was white, screaming and tried to help. He said he panicked when he saw a white police officer and ran away. During his murder trial, prosecutors said Payne was high on cocaine and looking for sex when he killed Christopher and her daughter in a 'drug-induced frenzy.' Prosecutors said the evidence overwhelmingly pointed to Payne as the killer. However, evidence presented by two experts showed Payne was intellectually disabled, while Payne's supporters said he had taken significant steps in his rehabilitation while serving three decades in prison. It was not immediately clear Monday when Payne would be eligible for parole under the Supreme Court's decision. A hearing must be set to address the new ruling. Payne's lawyer, Kelley Henry, has pushed for Payne's full exoneration. 'Pervis Payne remains incarcerated for a crime he did not commit,' she said in an email Monday. 'We will continue to fight for his freedom and to bring him home to his family.'