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$62,000 in Slip and Fall/Medical Neglect/Retaliation Case

$62,000 in slip and fall/medical neglect/retaliation case

Karen Posey was incarcerated at the WCCW on April 25, 1996. During her medical intake, Ms. Posey informed clinic staff that she had a large screw in the front of her foot that made it difficult for her to climb up or down ladders. Ms. Posey received a Health Status Report (HSR) assigning her to a lower bunk.

Despite the HSR, WCCW staff placed Ms. Posey in an upper bunk, and then ignored her repeated complaints that it was difficult for her to navigate the ladder on the bunk. On June 16, 1996, on her way down the bunk bed ladder, Ms. Posey slipped and fell. She landed face-first on a metal desk, and then fell onto the floor, hitting her right shoulder. As a result of the fall, Ms. Posey cracked several teeth, injured her jaw, broke her glasses, and sustained shoulder and arm injuries.

After the fall, WCCW ignored Ms. Posey's medical needs and failed to provide adequate treatment for her injuries, causing her to file several grievances. She was subsequently transferred to Pine Lodge Pre-Release in Spokane, Washington, where her medical needs were again neglected and ignored. Finally, after being sent to work release in Seattle, Ms. Posey's ongoing physical problems were seriously addressed and treated.

Ms. Posey filed suit, alleging a deprivation of her civil rights, negligence, and retaliation. The DOC settled the case for $62,000. Ms. Posey was represented by Katrin Frank of MacDonald, Hoague & Bayless. See: Posey v. Payne, No. C99-5326 (RJB)JKA (U.S.D.C. W.D. Wash., Aug. 9, 2000).

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Related legal case

Posey v. Payne