He was naked and on I-85 in DeKalb County. But Nicholas Carusillo was not suicidal when he was struck and killed by vehicles nearly five years ago.
Instead, the 29-year-old who had been diagnosed with both bipolar disorder and substance abuse had been discharged from a treatment facility over a rule violation. Carusillo had wanted to stay, but his discharge led to a psychotic episode and, ultimately, his death, his family said.
A DeKalb County jury agreed. Last week, the Carusillo family was awarded $77 million in their wrongful death case against Metro Atlanta Recovery Residencies, Inc. or MARR, a dual mental health and addiction facility in Doraville.
“It is reassuring and humbling that this jury would find in Nick’s favor,” Tina Carusillo, Nick’s mother, told The Atlanta Journal-Constitution. “But it’s also heartbreaking. It didn’t have to happen.”
A defense attorney for MARR and caregivers said it was a hard-fought case Wednesday afternoon in an emailed statement. An appeal is possible, attorney Ted Lavender said.
For Carusillo’s family, the verdict is another step toward reducing the stigma associated with both mental health disorders and substance abuse. While many facilities treat either condition, not all treatment centers are adequately trained to treat patients with both, one of the family’s attorneys said.
“We felt like his life obviously had value despite his struggles,” attorney Natalie Woodward said.
A North Carolina native, Nick began drinking alcohol and doing drugs at the age of 17, according to the lawsuit filed in 2019. Years later, he was diagnosed as bipolar and prescribed medication.
Credit: Family photo
Credit: Family photo
Carusillo was in an out of treatment facilities before entering Ridgeview in Atlanta in August 2017, the lawsuit states. When Ridgeview decided to discharge him, his girlfriend Jenny Insel contacted MARR to have him admitted for treatment. Carusillo was admitted as part of the drug and alcohol treatment program at MARR from Aug. 29 to Sept. 19. He died three days later.
While at MARR, Carusillo was taken off the lithium he had previously been prescribed, the lawsuit states. Carusillo had violated rules at MARR, including having a cellphone, and he and his family were told he would be discharged. He then spent one night at Perimeter Recovery Residence before also being discharged for violating curfew, the suit states.
Around 4 a.m. on Sept. 22, 2017, Carusillo was killed on I-85 near North Druid Hills Road. His family later filed a lawsuit with the help of attorneys Woodward and Dax Lopez.
“Nick would be glad and proud of us for pushing so hard,” his mother said. “He was always the advocate for the underdog.”
Now, Tina Carusillo is hopeful her son’s story helps other families in similar situations. Getting treatment is key, though when he was alive, few people knew of her son’s struggles. Now, she is hopeful the truths about mental health and addiction will be more openly discussed.
“We loved him more than life,” she said. “We would do anything to have him back.”
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