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Article • May 15, 2007
Negligence Unproven in Ohio Prisoner's Death Following Hernia Surgery by In this case arising from the death of a state prisoner following surgery to repair a hernia, the Court of Claims of Ohio held that the plaintiff failed to meet the burden of proof required to prove the estate's claims …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
Article • May 15, 2007
Washington: Jail Suicide Results In $150,000 Award by On July 8, 2002, a jury in King County, Washington awarded $150,000 to the estate and daughter of a prisoner who committed suicide while imprisoned in the Auburn City Jail. Sandra Farms, 39, was arrested by Auburn City Police on January 6, …
Article • May 15, 2007
$7,000 Paid in WA Prisoner's Suicide by John Anthony Brown, a prisoner at the Washington Corrections Center in Shelton, hanged himself in his cell. His mother, Phyllis Brown, filed a tort claim pro se with the office of Risk Management alleging he was negligently supervised. On November 11, 2002, his …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Article • May 15, 2007
Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. by Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. Michigan's Court of Appeals has held that a claim alleging medical malpractice, intentional misconduct, and ordinary negligence arising from …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
Article • May 15, 2007
$26,000 Awarded In Washington Jail Suicide Suit by In May 1997, the Superior Court of Washington awarded $26,000 to the estate of a prisoner who committed suicide in the Kent city jail. The estate asserted that despite being on suicide watch, the prisoner, a 37-year-old male, was left unattended for …
Article • May 15, 2007
$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer by In April 1997, the U.S District Court for the Northern District of Illinois awarded $678,678 to the estate of a federal prisoner who died from advanced lung cancer that had been misdiagnosed and improperly treated by prison medical personnel. …
Article • May 15, 2007
Mississippi Cancer Death Suit Dismissed by The decedent died of cancer in prison. There was a two-month delay between the recurrence of his cancer symptoms and the institution of treatment; his symptoms reappeared while he was in a county jail, where he received a recommendation for the immediate commencement of …
WI Mental Health Records Ordered Disclosed by The plaintiff, a Protection and Advocacy for Individuals with Mental Illness (PAIMI) organization, sought records from a private mental health facility about two patients who choked to death on food. The facility didn't want to produce them. Notwithstanding defendants' claim that the question …
Arkansas Field Death Suit Dismissed by The decedent died of heat exhaustion on his first day on the hoe squad (on November 6, mid-afternoon temperature 72 degrees). Although overweight, he had been medically cleared for the work detail; there were hourly breaks for rest, water, and smoking; there was no …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
Article • May 15, 2007
Jail Immune in Alcohol Withdrawal Death by The decedent was arrested for DUI and died in jail about 18 hours later. An autopsy found that he died from an arrhythmia resulting from an electrolyte imbalance caused by fatty liver. The court assumes that alcohol withdrawal is a serious medical need, …
Article • May 15, 2007
Mentally Ill Prisoner's Dehydration Death Disputed by The decedent, held in a prison mental health unit, died of severe dehydration after the water to his cell was turned off as a response to his flooding his cell believing that he smelled smoke. Four days later he was sent to an …
Article • May 15, 2007
No Liability for Heart Attack Death of MI Jail Detainee by The decedent arrestee complained of chest pains, but jail staff allegedly delayed five hours getting him to a hospital, where he died 12 hours later. The plaintiff's death did not establish a serious medical need. In cases of delay, …
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