Suit alleges man thrown from 2nd-floor window at suburban special needs program

The mother of a participant in a Northwest suburban program for adults with special needs is suing its operators in Cook County court, alleging employee negligence led to her son being pushed out a second-floor window.

Christine L. Austin alleges another participant in the PURSUIT program run by the Northwest Special Recreation Association and Clearbrook shoved her 26-year-old son, Nicholas, from the Vogelei House in Hoffman Estates last year.

“On Aug. 14, 2025, all Nicholas’ progress and dreams were shattered when he was pushed out of a second-floor window onto a concrete slab,” Austin family attorney Shauna Martin said in a prepared statement. “The force of the impact caused a spinal separation of his pelvis, multiple pelvic and hip fractures, bruising to his chest and numerous other physical and emotional injuries.”

“It’s a miracle he is alive,” Martin said of Nicholas, who has Down syndrome and autism.

NWSRA and Clearbrook, which is headquartered in Arlington Heights, provide assistance to people with intellectual and developmental disabilities.

The lawsuit alleges their employees “failed to properly evaluate PURSUIT participants to ensure they did not have a history of aggressive behavior” and “failed to evaluate the risk of admitting into the program an individual with a history of aggressive behavior.”

It also claims participants were left alone without adult oversight and the number of employees was insufficient to ensure participants' safety.

The Daily Herald is not naming the other participant because he has not been charged with a crime.

In response to a request for comment, NWSRA spokeswoman Sara Carey wrote in a prepared statement that the organization “strives to prioritize safety at all times.”

Citing the privacy of program participants and the ongoing litigation, Carey declined additional comment.

Clearbrook did not respond to requests for comment.

According to the complaint, Nicholas Austin sustained “severe, aggravating, disabling and disfiguring injuries” as well as “great pain and anguish in both body and mind.”

His injuries resulted in large medical bills and loss of earnings, according to the complaint.