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$355,000 Verdict in New York Asthma Death

On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest.

Farace, 25, died of an asthma attack on February 9, 1986 at the Auburn Correctional Facility in New York. Farace had sought a refill of his prescription inhaler that he used to control his asthma condition. Guards ensured that his requests never reached prison medical staff. While locked in his cell for the night Farace suffered an asthma attack. Farace died a slow agonizing death when his lungs filled with fluid and his blood vessels ruptured under the strain of trying to breathe.

The case dragged through the courts for years as the Farace family was unable to show medical malpractice by prison medical staff. In awarding damages, judge Midey found Farace's death was directly attributable to negligence by prison security staff.

The Times New Herald

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