The County Board of Commissioners has agreed to a settlement of $1.3 million for the family of a man, who after languishing in jail with complaints of severe stomach pains died of ulcer complications, as reported by the Saginaw News.
Along with the cash award, 18 jail personnel were disciplined.
The Chairman of the County Board of Commissioners, Michael P. O'Hare, D-Chesaning, said that the settlement was agreed upon this month. Southfield-based attorney, Vernon R. Johnson, is representing the family and said that he will be filing a motion to finalize the settlement before Judge Thomas L. Ludington in Bay City's U.S. District Court.
Autopsy reports showed that J.R., 47, died in the County Jail in 2007 of a pre-existing perforated ulcer near his stomach.
The lawsuit contended that though J.R. asked for medical attention, corrections officers, and privately hired medical staff, were negligent in providing the inmate with medical care.
The lawsuit contended that their negligence hastened J.R.'s death.
Johnson said, "This death was a complete breakdown and failure of the entire system in health and treatment at the Saginaw County jail."
In agreeing to make a settlement, O'Hare said, "I don't think we have any choice. As far as I'm concerned, pay it and get it over with. I'm not satisfied, but I don't think we're in any position to go against it. If we do it, it's only going to go higher."
K.S., the county's risk/purchasing manager, said that the taxpayers will pay the first $250,000 of the settlement and the county's insurance company would cover the remainder.
Named in the suit for their failure to provide J.R. with medical care are the Saginaw County, a jail shift supervisor, three corrections officers, health care provider Ann Arbor-based SecureCare Inc., a doctor, two licensed practical nurses and a registered medical assistant.
The lawsuit stated that J.R. had only been in jail for a few hours - arrested on a misdemeanor traffic warrant - before his physical condition deteriorated. Authorities, on the other hand, argued that J.R. did not tell them he had a pre-existing condition during his intake processing.
Many officers were disciplined, per Sheriff W.L.F., after their internal investigation of the incident: Two corrections officers were fired, one jail shift supervisor was demoted and suspended for five days, one jail sergeant and four corrections officers received six-hour suspensions and 10 corrections officers were given written reprimands.
W.L.F. said that the jail has changed their procedures in light of J.R.'s death and that "our agency has moved on, we've made the adjustments. We have processes that we don't believe it will ever happen again."
Johnson also alleged that jail personnel "engaged in deceitful and dishonest conduct to cover-up the fact that they had not appropriately or timely monitored" J.R. and they "knowingly failed to provide honest and truthful reports and statements during an investigation."
Contact a personal injury lawyer that specializes in wrongful death lawsuits, if you have lost a loved one in a wrongful death circumstance.