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Estate of Kentucky Jail Prisoner Who Died of Untreated Pneumonia Awarded $1,729,513

Estate of Kentucky Jail Prisoner Who Died of Untreated Pneumonia Awarded $1,729,513

A Kentucky jury returned a verdict of $1,729,513 to the estate of a prisoner who died of pneumonia at the Big Sandy Regional Detention Center (BSRDC). The family of another prisoner who died at BSRDC filed suit about a week after the verdict.

Sherry McFadden, 43, was incarcerated at BSRDC on March 5, 2009, when she filled out a medical request. She was complaining of a hole in her throat. Nurse Christy Collingsworth could not schedule her to see the doctor, who was independent contractor.

When McFadden again complained about her throat on March 12, she was scheduled to see Dr. Sarah Belhasen on her weekly visit four days later. Belhasen examined McFadden and identified a hole in McFadden’s throat and another in her nose from extended drug use, An ENT refused to see McFadden because she had an outstanding bill.

A week later, McFadden reported to Collingsworth that her lungs were killing her, she was dizzy and she had trouble standing up. Collingsworth failed to take McFadden’s vital signs at that visit, but she noted she had clear lungs and an unproductive cough. Collingsworth informed Belhasen of the exam, stating McFadden did not require care.

Two days later on March 26, McFadden had a 101.2° temperature and a cough. Collingsworth called Bathasen to prescribe an antibiotic. The next day, McFadden collapsed and was revived with CPR. A hospital diagnosed her with pneumonia and a few hours later McFadden died.

Her estate sued, claiming the death was caused by undiagnosed pneumonia. The matter went to trial and on October 7, 2011 the jury, by a 9-3 vote found Belhasen, who was the only named defendant, had violated the reasonably competent physician standard. Fault was found in descending order as follows; 50% to Collingsworth; 30% to BSRDC; 15 to Behasen; and 5% to McFadden. The estate received was awarded $1.7 million for McFadden’s pain and suffering, as well as $29,493 for funeral and medical bills.

The estate was represented by attorneys Mitchell D. Kinner and J. Christopher Bowlin. See: McFadden v. Belhasen, 15 KTCR 11 court name not listed, Case No. 10-99.

               

 

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Related legal case

McFadden v. Belhasen