Guam - A local attorney blames the government for the deaths of two Mental Health consumers, saying the government has failed to provide adequate services for those with developmental disabilities. Attorney Dan Somerfleck says the passing of the consumers is a harsh reality that officials must face.

Somerfleck told KUAM News, "It is the result of the failure to move ourselves forward. When we don't evaluate, when we don't provide the services. People get hurt. People get injured. That's the reality. That's what this whole case is about. This is the realities of what happens when we don't provide services to people that needs them.  This is what's going to happen."

One of the consumers was one of the plaintiffs that Somerfleck represents in the permanent injunction case against the Government of Guam. Both men were considered part of the target population and one of the consumers was residing in a group home funded by Mental Health. "The one individual that was residing in the group home suffered as a result of choking while eating and was revived but not revived timely enough and suffered serious damage," he added.

Somerfleck has been asking Mental Health officials to conduct a multi-disciplinary treatment team evaluation on his client to determine his needs and whether they were being met. That never happened and now his client has passed away.

What's worse is that Somerfleck was told that Mental Health won't be investigating.  It means that we're not checking to see and the department itself is not doing any self correcting. I mean, they're not conducting an investigation," he said.

But Mental Health director Wilfred Aflague tells KUAM News the death is the subject of an investigation that is being conducted by Guam Legal Services. Aflague says the death of the other consumer, who was at his home, is not under scrutiny as family members say he died due to medical reasons. "We haven't been successful in creating a system that would provide the services that are needed by this population," he said.

The latest deaths will likely be brought to the court's attention in the coming weeks. Meanwhile, the plaintiffs' request for the removal of the federal management team, made more than five months, ago remains undecided by Judge Consuelo Marshall.

In the meantime, Somerfleck is hopeful island leaders take notice. "It's time to act. It's time to stop talking and it's time to act. And it really calls for the entire community to become involved; we all need to start saying that these are our family members. These are our friends. They deserve better," he said.