$500,000 Settlement in Detainee’s Death from Overprescribed Medication

During trial of a civil rights action that alleged constitutional violations resulting in the death of a New York pretrial detainee, a $500,000 settlement was reached. The detainee, Michael DiCamillo, died from toxic levels of a psychotropic medication only seven days after being booked into Herkimer County Jail (HCJ).

DiCamillo was booked into HCJ on June 23, 2006, after being charged with Disorderly Conduct and Resisting Arrest. A medical assessment revealed he had a past history of depression, anxiety, tachycardia, angina, mitral valve prolapse, high blood pressure, degenerative back disease, and sciatic nerve problems. For these ailments, he was taking approximately thirteen prescription drugs, which included three narcotics.

Once the prescriptions were confirmed, HCJ Nurse Practitioner Charlene Macri decided to order them to avoid causing any problems for DiCamillo. The medications were not verified by a nurse upon arrival to match the order. This resulted in DiCamillo only receiving 30 mg. of Avinza (Morphine) daily because it was sent in that dose rather than 120 mg. pills. It was not until his third day in jail that he received the correct dosage.

Some of DiCamillo’s medications were ordered to be administered four times daily, but throughout his jail stay, were only given to him one or two times each day. He complained to guards, nurses, and other detainees that he was not being given the right medication or too much of it.

By June 28, DiCamillo was exhibiting signs of drug intoxication. A guard reported him to be sweating profusely, confused, falling suddenly, unable to stand on his own, and lethargic. He was observed crawling out of his cell on the 29^th to get a drink of water. A guard testified that at the time DiCamillo was coherent. Registered Nurse Chris Fullem made three examinations of DiCamillo, but failed to document two of them.

Macri reviewed DiCamillo’s file that morning and decided an assessment was in order. By then, he could not walk, so he told a guard, “I can’t go down” to the medical unit. Macri concluded that was a refusal, but DiCamillo was never asked to sign a refusal form. The complaint said Macri “could not be burdened to walk a few yards to the housing tier to evaluate DiCamillo, and potentially save this man’s life”

DiCamillo was observed falling at least three times on that morning of June 30^th, yet, he was seen by no one other than a guard designated as a “medical officer,” who lacked any medical training. DiCamillo was observed in his cell both awake and sleeping thereafter. At 4 P.M. a guard noticed he was not breathing. Efforts to revive him failed.

A report by the New York State Commission of Corrections (NYCOC) concluded DiCamillo’s death was attributed in part “to jail medical personnel who failed to recognize signs of medication overdose.” The report found “the death could have been prevented had proper medical intervention been provided when he began showing signs of acute intoxication.”

The autopsy found DiCamillo’s death was due to cardiac arrhythmia caused by an overdose of prescription medication; specifically, the combined effects of venlafaxine (Effexor), Nortriptyline, and Avinza. Postmortem toxicology revealed a toxic level of the anti-depressant Venlafaxine. According to the NYCOC report, DiCamillo was administered 600 mg. of Venlafaxine daily, which exceeded the maximum 450 mg. daily dosage.

The New York State Education Department Office of Processional Discipline disciplined Fullem for failing to make a written record of his evaluations, but it did not discipline Macri concerning DiCamillo’s death and failure to consult a doctor about DiCamillo’s extensive prescription regimen.

After only three witnesses testified at trial, on Dec. 4, 2012, the settlement was reached. Herkimer County and Little Falls Hospital agreed to each pay $250,000 to DiCamillo’s estate. The estate was represented by attorney Elmer R. Keach III of Amsterdam, New York. See: Gabriel v. County of Herkimer, 889 F. Supp. 2d 374 (N.D.N.Y. 2012).

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