When I was born I was completely blind after six surgeries in my eyes I was
able to see a little bit it is better than nothing I was 11 years old when I
started seeing the doctors consider me legally blind seven years after that
my accident happened it all happen in 1981 in high school my senior year I
was in ROTC drill team it was a Saturday in the morning I told my mother is
she could take me to practice she told me why you don't go with me and your
little brother to the store ID to get a couple of things I said I prefer to
go to practice so she took me to the school grounds for I could practice
before I got off car she told me again are you sure you don't want to go I
said I prefer to stay to practice 10 minutes after that I started horsing
around with another kit and we end up playing wrestling at that time I used
to wait 134 pounds the other kid waited 350 pounds like I said we started
horsing around for the meantime the other kids got there and also the
instructor he grabbed me from my back she put his arms around me I slip I
was not able to put my hands in front of me so my head was first to the
floor and all his weight of the other kid and up the top of me when I hit
the floor my neck pop I tried to get up but I was not able I started feeling
weird he told me get up I told him I can't she thought that I was joking he
saw that I was sweating really bad and my face was changing colors he call
the other kids they started coming towards me everybody was standing around
me I was laying in the floor one of those kids was my best friend he was the
only one that had a car's he told me you're not joking I said no I cannot
get up so he got in the car and went to a small store that is close by the
school ground to use the public phone call the ambulance she came back and
told me that he already call the ambulance I told him to tell my mother what
happened but not exactly what really happened to me the reason I said that
to him was a month back she had barely per second heart surgery and I didn't
want her to get a heart attack when she heard the news about me I did not
know that I broke my neck I was scared from the school ground all the way to
the hospital I was able to brief on my own when I got there I started
feeling short of breath I don't recall what happened after that when I open
my eyes I was in ICU connected to a respirator my mother got to the hospital
and she was very surprise when the doctors told her what happened to me
according to her what she told me she thought that I only broke a arm the
doctors told my mother that I only going to survive 72 hours after three
days passed by my mother and my older brothers decided to take me to Houston
for a second opinion I was there for six months the doctors told my mother
that I needed surgery in my back but the bad use that 50% that I could dive
in surgery and the good news if you survive with therapy and 50% that he
only could move his hands so my mother did not want to risk it after six
months passed by I came back to Brownsville to a nursing home I was there a
week I was by myself in the room thinking wondering crying I heard a noise I
turned my head and I saw a air-conditioned window unit and suddenly the air
conditioner caught the curtain and the started a fire I was not able to talk
very well for the reason that I was connected to a respirator so I started
making a lot of weird noises and whistling like crazy finally somebody hurt
me one of the workers there came to the room and saw the fire she started
yelling fire she started also getting me out the room pulling the bed out
and they took out the rest of the patients out site I was the only one
connected to a respirator so they call an ambulance to send me to the
hospital for the meantime next day they were going to send me back to the
nursing home they didn't want to take me back they told my mother it was too
much responsibility to have a patient with a respirator I stay couple of
days in the hospital until they find a nursing home nowhere in the Valley
wanted to a set patients with a respirator I continue staying in the
hospital until they found me a nursing home they did I needed to go outside
the Valley and they took me to Killeen Texas I was there for two years and a
half the name of the nursing home was Belhaven nursing home this I was not
too happy of getting out the Valley I went over there by helicopter by
mother and my two older brothers they were in court my attorney went to the
nursing home to talk to me and asked me I'm going to meet you I at court we
need to find a way to get you back to Brownsville in court I said okay I
really didn't care my only thing was in my mind that I wanted to die but I
wanted to die where I was born in Brownsville that was my plan nobody knew
what I was thinking and wanted to do I was thinking if they take me to
Brownsville I will let myself go and die nobody knew what I was want to do
my attorney told me also is not going to cause anything to your parents I'll
pay everything private nurse of respiratory therapists I'll pay both ways in
the helicopter but I need to bear and I said okay I was losing a lot of
weight I did not want to eat and drink water the only thing I had on my mind
like I said I wanted to die but I said to myself if I die at least my family
would have all that money if it we would've one we were going to get 75
million I was losing so much weight I used to wait 76 pounds two months from
the last time my attorney talk to me she was going to arrange everything for
me like he said to get me to Brownsville in court I said okay a week passed
by my attorney came back to tell me that he already arranged everything only
to wait for the day to come so they can take me to Brownsville to be there
in court I started feeling sick running a temperature my temperature was 113
they took me to a hospital and they found that I had pneumonia my attorney
went to the hospital to visit me he told me not to worry about it just get
well I could arrange everything all over again I was there in the hospital
for 10 days finally I was back in the nursing home one month after that my
attorney came back to tell me that he already arranged everything again I
said okay they going to take you to Brownsville so you can be there at court
that we came that they they were going to take me it was Sunday night I
started a lot of chills and I needed to be in Brownsville Thursday at court
afternoon like I said I had a lot chills I started feeling bad Monday
morning I started with temperature my temperature was 100 I said to myself
it cannot be possible what is happening to me Tuesday afternoon my attorney
came to ask me if I was ready to go Thursday I said yes he did not know that
I was running a temperature I feeling bad I really didn't want to tell him a
nurse came to my room to take my temperature and my attorney was there and
she heard what the nurse said your temperature is going up you have 100
right now is 102 after the nurse left my attorney told me I cannot take you
like that I said I could make it he told me it is too much at risk I said to
him again I could do it I know so my attorney had an idea and he told me I
could make a video of you and me asking the questions to you so I could show
it on court I said I guess it's okay I will not too happy about that so he
did do what he wanted to do as she told me I got to go so I could be there
Thursday in court I will let you know how it goes I did not say anything it
was already Thursday and I still had a temperature from 102 came down to 101
to all that end up that I had a urine infection that they they were people
from the state I did not know what was the purpose of it of of they be in
there until one of them came to me and talk to me as she told me I am from
the state we come and check the residents the other reason we do come if we
have a complaint of the nursing home she started asking me do they treat you
good I said yes to you like to food I said not really but it's okay he asked
me also what was my name I told him he asked me also do you mind me asking
you a question about your disability I said no go-ahead she asked me what
happened to you I told him where do you live I told him in Brownsville what
are you doing so far from home to your parents live here in town I said no
they live in Brownsville why they did not put to in a nursing home over
there I explained him what was my problem I told him there is no nursing
home in the Valley that was set people connected to a respirator there's no
nursing home are you sure that's what they told my mother he told me what
you like me to investigate for you I said okay so he did he found a nursing
home not right away I already was at the nursing home where I was for a year
she came to tell me there was a nursing home they were going to start
accepting people connected to a respirator but is going to be in till next
year I was already two years there Christmas Eve 1981 I came back to
Brownsville I used to wait at that time 80 pounds when I got here I was very
happy I went to Bally granny manner nursing home this man passed by in a
wheelchair he drop what he had on his lapse she picks it up his self he
turned his head and told me high I answer back he said my name is David what
is yours I told him I work with mail independent living I said what is that
he said let me go see this girl down the hall he is one of my consumers and
I come back and talk to you if it's okay when you I said it's okay so he did
he started explaining me what they'll does a he told me also you don't have
to be here you can get your own place with providers I listen everything
what he said Sounds good but I don't know if you run to a problem you always
could call advocacy and I said what is that she started explaining to me
what was it out of that work it took me a while to decide to get out 1991 my
mother died four years after that I decided to call David that I needed to
talk to him I ask him if I do get out what do I have to do and also can I
come back to the same nursing home should yes what about the they don't want
to take me she said call advocacy talk to one of the attorneys and they will
tell you what your rights are here is number I was thinking what to do I was
scared and confused two weeks passed by and I call I said that I wanted to
talk to a an attorney to ask questions they told me I'm going to transferred
the call to one of them her name is Rosa Torres she explained everything how
advocacy works she told me also I could help you get out I told her I need
to think I will get back to you I did call her not right away after a couple
years after that so finally I decided to get out I did 2001 I was at Bally
granny manner for 17 years this here in July is going to be 14 years Rosa
Torres helped me a lot and motivating me of getting out and that's about it
of my life yes I've been blessed us several ways I strongly believe in Jesus
sends my accident happened he had been turned me down yet he had complete
everything to me what I asked until now they only thing that he had not
complete what I asked is of me walking again but he has his reasons like
everybody else now click the link so you can read something else
http://openjurist.org/776/f2d/1263/cavazos-cavazos-v-united-states
