Latest News 2013 June Lack of Seizure Response Training, and "Flying Blind", Blamed for Inmate's Death

Lack of Seizure Response Training, and "Flying Blind", Blamed for Inmate's Death

As reported by the Star Tribune, Minnesota's Department of Corrections will be paying $400,000 to settle a wrongful death lawsuit due to a mentally and physically ill inmate that died while in state prison.

X.J., 27, suffered with both schizophrenia and seizure disorders during his imprisonment in the Rush City institution in 2010. He had allegedly been left in his cell alone to cope with an attack of seizures that lasted all night.

Medical records kept by the prison documented that he was left on the floor of his cell wearing clothes that had been soaked through with his own urine. An ambulance crew that had been called for the following morning was sent away by a nurse.

A separate suit has been filed by the family against the medical company, Corizon Inc., that contracts with the Corrections Department. Corizon provides necessary care to the state's prisoners – 9,400 in all.

In an earlier settlement, for an inmate that suffered with burn and skin injuries due to medication errors, the state paid $275,000.

According to a statement made by Tom Roy, the Corrections Commissioner, X.J.'s settlement "allow[s] both parties to find closure to a complex case that could have gone unresolved for years… We take our charge to incarcerate offenders in a safe and secure manner very seriously, so the premature loss of life of offenders in our care and control always causes us great concern."

Roy also said that since X.J.'s death the department will begin a collaboration with the Minnesota Epilepsy Foundation. The Foundation will be training the prison staff on how to correctly respond to a seizure situation.

According to reporters there have been a total of nine prison deaths, including X.J.'s, which occurred between 2000 and 2012 that can be attributed to corrections staff denying or delaying medical care.

Besides the nine there are allegedly 21 prisoners that had severe or critical injuries due to corrections staff neglect.

Court records show that almost $2 million in settlements for wrongful death or negligence were paid during that same 12-year period.

X.J., incarcerated for a probation violation, was examined by senior nurse L.A. before her shift ended at 11 p.m. She had left orders that prison staff were to monitor him overnight as he was having seizures. She did not contact the on-call Corizon physician that would have provider further medical consultation if needed.

Nurse L.A. was suspended for five days without pay following X.J.'s death as she had been found in violation of nursing protocol in regards to the treatment of seizures.

As all Corizon doctors and nurses end their shifts at 4 p.m., and prison nurses end their own shifts at 10:30 p.m., the Minnesota Department of Corrections has been critsized for allowing the prison staff to be "flying blind" without any medical assistance during over night hours.

X.J. had seizures all night and into the morning. When the on-call Corizon doctor ordered that an ambulance be called that morning, the on-duty prison nurse turned them away. Allegedly, she cited "protocols" regarding X.J.'s medications. When E.J. suffered yet another seizure an ambulance was called for again. This time, according to the Ramsey County Medical Examiner, he had no pulse, irreversible brain damage and had died.

Dying in an institution – like a prison, hospital or school where others are tasked with maintaining your health and safety – can be grounds for a wrongful death lawsuit. Click here for our directory and contact a personal injury lawyer today to help you!

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