Lawsuit Highlights Vulnerabilities of Autistic Students

Lawsuit Alleges Negligence in Sexual Abuse Case Involving Autistic Child

A lawsuit filed in Santa Clara County Superior Court has brought to light serious allegations of negligence against Trumpet Behavioral Health, LLC and its parent company, BlueSprig. The case, filed by the law firm of Cerri, Boskovich & Allard, centers on the alleged sexual abuse of an 11-year-old autistic girl by a behavioral therapist during home-based therapy sessions.

Trumpet Behavioral Health, LLC is a provider of Applied Behavior Analysis (ABA) therapy for children, teens, and young adults with autism and intellectual disabilities. The company offers both home-based and center-based services across multiple states, including California. In late 2023, Trumpet was acquired by BlueSprig, another ABA therapy provider.

The lawsuit states that the parents of the autistic child had been using Trumpet Behavioral Health’s services since 2017. In 2020, due to the COVID-19 pandemic, the therapy sessions transitioned to a home-based format. The alleged abuse occurred in March 2024, perpetrated by therapist Alejandro Nunez during one of these home sessions. According to the legal filing, the abuse came to light when a plumber and his assistant witnessed Nunez inappropriately touching the child. After being informed, the child’s father set up a laptop to record the remainder of the therapy session, which allegedly captured three instances of inappropriate touching.

Attorney Mark Boskovich, representing the family, emphasized the responsibility of companies providing in-home counseling services to children with intellectual disabilities. He stated, “Any company that provides in-home counseling services to children has an obligation to monitor that therapist during counseling sessions given that these children have intellectual disabilities that make them vulnerable to sexual abuse”. The lawsuit alleges that Trumpet Behavioral Health and BlueSprig failed in their duty to properly supervise Nunez, leaving him unsupervised with a vulnerable child.

Following the discovery of the alleged abuse, San Jose Police were called to the scene. After reviewing the video evidence, Nunez was arrested.

Alarmingly, this is not the first such incident associated with Trumpet Behavioral Health. The lawsuit mentions a prior case in Modesto, California, where another Trumpet behavioral therapist was arrested for allegedly sexually assaulting an intellectually disabled minor during a counseling session.

This case highlights a broader, deeply concerning issue: the increased vulnerability of individuals with autism and other disabilities to physical and sexual abuse. Statistics from the Federal Bureau of Justice paint a stark picture:

People with disabilities are at least 2.5 times more likely to be victims of violent crimes compared to the general population.
Unpublished Justice Department statistics, as reported by National Public Radio, suggest that individuals with intellectual disabilities are seven times more likely to experience sexual assault than their non-disabled peers.

These alarming figures underscore the critical importance of robust safeguards and vigilant supervision in care settings for individuals with disabilities.

This lawsuit serves as a sobering reminder of the vulnerabilities faced by individuals with autism and other intellectual disabilities. It raises important questions about the responsibility of care providers to ensure the safety of their clients, especially in home-based settings. As the legal process unfolds, it may lead to broader discussions about improving protection measures for vulnerable individuals receiving therapeutic services.