The Tennessean has reported that the Department of Child Services has been ordered to pay $250,000 for their responsibility in the death of a teen that was in a state detention center at the time of his death.
During an audio recording of two 911 calls made on May 25, 2012 from the Woodland Hills Youth Development Center in Nashville, an employee described K.O.'s condition and CPR being performed on him as "he's not awake and not breathing." In the second call the same employee asked for an ambulance, and the 911 employee said, for a "17 year-old male…fire department on their way…going as fast as they can…" while CPR was still being performed.
K.O.'s father G.O. filed the wrongful death lawsuit.
The DCS facility holds youths that are considered violent and criminal.
According to the Tennessean there were two separate court orders from a Williamson County judge pushing DCS to put K.O. in a different facility – one that could manage his seizure disorder.
The Tennessean also learned that K.O. was to be checked on every 15 minutes while he was locked alone in his room. It was alleged that the teen maybe have been sick, or had even died, hours before he was noticed.
An autopsy revealed that K.O. had none of his anti-seizure medication in his bloodstream when he was supposed to have it administered daily by DCS.
K.O. normally wore an anti-seizure wristband. He could use it to swipe against his chest and set off a pacemaker-like device that had been implanted there. He wasn't wearing the wristband at the time of his death, instead it was found in a guard's booth.
An investigation conducted by DCS determined that K.O. had died of natural causes.
D.O., K.O.'s mother, had been fighting against her son's DCS custody for a year before he died.
After the settlement was ordered D.O. tearfully commented, "No amount of money replaces a child. I want him back. I want my son."
G.O. is not allowed to discuss the details of the suit as part of the settlement agreement, which is to be divided in half between himself and K.O. G.O. has also agreed to hold the state harmless in his son's death. Video footage from inside the facility and interviews are under seal, as well as dormitory logs, evaluations of DCS employees and K.O.'s records with the DCS.
DCS prepared a statement that began, "First, we extend our condolences to (K.O.'s) family…"
A DCS spokesman said that among other new measures taken to protect the children in their charge they have begun having "frank discussions with our staff about how to improve safety and anticipate hazards."
There was a minimum of 105 deaths in 2012 of children that had some contact with DCS. Of those, 16 deaths were of children involved in the juvenile justice system while in 2011 there were only 10.
K.O. was placed in the DCS system after smashing a cellphone and charging at his father. He died five days before he was scheduled to be released.
Contact a personal injury lawyer to discuss a case of wrongful death. No matter where the death occurred, if someone else was responsible for it a lawyer can help!