Fired Elgin mental health aide sues, claiming discrimination

A former Elgin Mental Health Center aide fired - and briefly charged criminally - after a patient in her care died from a food allergy is suing the facility, saying she was made a scapegoat because she is black.

Virdia M. Spain, of Belvidere, claims in the federal employment discrimination lawsuit that the state facility blamed her and another minority worker for the death, while a white employee who was more responsible went unpunished.

She and the second minority employee, Iluminada S. Tuzon, of Elgin, later were charged with abuse of a long-term health care facility resident, but Kane County prosecutors eventually dismissed the case, citing a lack of evidence the accused acted recklessly.

Spain's suit, filed this week in U.S. District Court in Rockford, asks for undisclosed compensatory and punitive damages.

Illinois Department of Human Services Spokesman Tom Green could not be reached for comment Friday.

The lawsuit stems from a June 20, 2008, incident in which Elgin patient Howard Morris was given fish for dinner despite warnings of his severe allergy. Morris, formerly of Chicago, went into anaphylactic shock that night and died.

Officials blamed the aides for overlooking the allergy warning and feeding Morris fish. Spain's lawsuit, however, pins blame on another worker it says was responsible for assigning food trays that evening.

"Myself and Mrs. Tuson (sic), both being minorities were accused of reckless homicide when all the evidence shows that the (other employee) assigned dinner trays," the suit states. "Also, Mr. Morris had eaten 75 percent - 80 percent of his dinner before I took over."

Spain, who worked at the facility for about 20 years before being fired in November 2008, is serving as her own attorney.