Lawsuit: Disabled Man Pushed From 2nd-Floor Window At Hoffman Estates Program

CHICAGO — A Cook County lawsuit alleges a disabled man with Down syndrome and autism suffered severe injuries after being pushed from a second-floor window at a Hoffman Estates program for adults with disabilities.

The complaint was filed in Cook County Circuit Court against Clearbrook and Northwest Special Recreation Association on behalf of Christine L. Austin, guardian of her 26-year-old son, Nicholas L. Austin.

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The incident happened at PURSUIT, a collaborative program offered by Clearbrook and NWSRA at the Vogelei House, 650 W. Higgins Road in Hoffman Estates, according to the lawsuit.

The lawsuit was filed by Jeffrey E. Martin and Shauna M. Martin, of Martin Law LLC, under case number 2026 L 006002. The firm is based in Arlington Heights.

"PURSUIT was a collaborative program offered by Clearbrook and NWSRA for adults over the age of 21 with disabilities like our client, Nicholas," attorney Shauna Martin said in a statement. "It's a place that young adults, just like Nicholas, come to experience health and wellness, develop independence, and learn life skills."

The lawsuit alleges Nicholas Austin was pushed out of a second-floor window onto a concrete slab on Aug. 14, 2025.

"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," Shauna Martin said. "It's a miracle he is alive."

Attorney Jeffrey Martin alleged the incident happened after a staff member responsible for Nicholas Austin and three other disabled adults left them alone for an extended period of time.

"This tragedy occurred because the staff member responsible for the care and safety of Nicholas, and three other disabled adults with care plans requiring supervision, left them completely alone for an extended period of time," Jeffrey Martin said. "Video surveillance bears this out."

The lawsuit alleges Clearbrook and NWSRA failed to keep Nicholas Austin safe while he was in their care.

Northwest Special Recreation Association, founded in 1970, provides opportunities through recreation for children and adults with disabilities. Located in Rolling Meadows, it oversees 2,000 recreational programs and receives more than 14,000 registrations annually. According to the agency, athletics are very popular at NWSRA, with over 600 athletes competing in 16 sports.

"NWSRA is aware of a lawsuit regarding an August 14, 2025 occurrence," a spokesperson for the agency tells Patch. "NWSRA strives to prioritize safety at all times. Out of respect for the parties involved, their privacy, and the litigation process, NWSRA will not comment further at this time."

Clearbrook, headquartered in Arlington Heights, is a non-profit organization that serves more than 8,000 people in the Chicagoland area. Founded in 1955, it "provides comprehensive services, support, and programs for children and adults with intellectual and developmental disabilities."

"Christine Austin placed her disabled son in the care of two organizations that were charged with one main task: keeping Nicholas safe," Jeffrey Martin said. "They failed Nicholas, and they failed Christine by enabling this unspeakable trauma."

Christine Austin said her son's trust and safety were violated.

"For young adults with Down Syndrome like my son Nicholas, feeling a sense of trust and safety brings benefits like confidence and independence," she said in a statement. "It enhances their overall quality of life. We gave that level of trust to Clearbrook and NWSRA, and they betrayed that trust."