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Albany County Jail
Albany, New York
Jul 29,
2017 timesunion.com
Albany County inmate's death 'shocks the conscience
It took five agonizing days for Mark Cannon to die. His death spiral
began at the Albany County jail when nurses for a private medical company
brushed off the 24-year-old's severe neurological symptoms as heat
exhaustion, instructing guards to give him some water and let him rest.
Twelve hours later, Cannon's condition had deteriorated to the point where
he lay nearly motionless on the floor of an infirmary cell with foam oozing
from his mouth. A nurse patted his arm and wiped away the saliva, wrongly
believing Cannon was recovering from a seizure even though he had no
history of medical problems. When the nurse finally contacted a doctor for
advice, he instructed her to immediately call an ambulance. But it was too
late. At Albany Medical Center, doctors determined Cannon had suffered a
stroke — a loss of blood flow — to his brain stem that his attorney
believes may have been caused when he was exercising in the recreation yard
on the day he fell ill. Emergency surgery might have saved his life, but
too many hours passed after the injury. He lingered for several days before
being declared brain dead. At his family's request, Cannon was removed from
life support. Last year, an investigation ordered by the state Commission
of Correction determined the care given to Cannon at the jail in August
2014 was "so grossly inadequate ... it shocks the conscience."
The investigation cited multiple missteps by nurses, including their
repeated failure to acknowledge the severity of Cannon's symptoms or
consult a physician until it was too late. "Mark Cannon had a
progressively deteriorating neurological situation that was completely
disregarded by nursing staff despite dramatic signs and symptoms of an
active neurological emergency and Cannon's repeated requests for medical
care," the investigative report states. The criticism wasn't an
anomaly for Correctional Medical Care, a Pennsylvania-based private
company. A month after Cannon's death in August 2014 — but long before his
case was investigated — the office of New York's attorney general reached
an agreement with the company that allowed it to remain in business in New
York with monitoring through May 2018. The company paid a $200,000 penalty
and agreed to improve staffing levels and training practices. At the time
of that agreement, Correctional Medical Care -— or CMC — had contracts
worth more than $32 million a year with 13 county jails in New York,
including Albany and Schenectady counties' facilities. It has maintained
many of those jail contracts despite a checkered history. The state's
Medical Review Board, which evaluated the company's performance at the 13
upstate jails several years ago, documented "egregious lapses in
medical care" involving six inmate deaths at five county jails between
2009 and 2012. Despite the oversight, the company tasked with handling the
monitoring for the state has issued two reports that found serious lapses
in CMC's operations at jails, including employing unlicensed and inexperienced
staff, inadequate staffing and a "failure to adhere to medical and
administrative protocols." Albany County recently terminated the $3.7
million annual contract it had with CMC since 2012. In a deposition taken
last month as part of a federal wrongful-death lawsuit filed by Cannon's
mother, Sheriff Craig Apple testified the company's "performance"
played a role in his decision, though he said the change was also based on
a better offer from another company. In the deposition, Apple was asked what
he thought of the jailhouse videos that showed Cannon's 12-hour ordeal.
"As a layperson and as the sheriff, I saw what would be considered a
complete lack of compassion," he said in response to questions from
Elmer Robert Keach III, the attorney for Cannon's
mother. Jail video footage, state investigative reports and depositions
filed in court records reveal the multiple missteps and negligent medical
care that state investigators said contributed to Cannon's death. The
videos show Cannon at times staggering through the facility as he was
shuffled back and forth to the medical unit, at times begging guards and
nurses for help before eventually becoming unable to stand or talk. State
investigation reports and court records also reveal that CMC's nurses, two
of whom were later disciplined by the State Education Department, violated
multiple protocols, failures that began the moment a guard called the
jail's medical office at 4:12 p.m. on Aug. 26, 2014, and informed them
Cannon was having problems and needed assistance. Instead of going to
Cannon's tier to check him out, as required, nurse Curtis Goyer told the officer to give Cannon some water and
ask him lie down. Goyer also failed to notify the
facility's health administrator there was a problem, as required, according
to state investigators. "At the time I didn't feel as though he was
experiencing a medical emergency," Goyer
testified in April during a deposition in the wrongful death case, which is
pending in federal court in Albany. "I made a medical determination,
not a medical diagnosis." Less than an hour later, a sergeant was
notified that Cannon was incapable of walking or standing. Medical staff were told to come to the tier. Goyer,
during his deposition, acknowledged it can take about 30 minutes for nurses
to get to an inmate's cell because of delays in obtaining an escort. When
pressed on whether an inmate suffering a heart attack or other serious
medical condition could die during the time it takes to get to their cell, Goyer responded, "I really have no feeling about
it — that's the way it is there." He also said that to his knowledge,
no nurse or anyone else employed by CMC had ever complained about the
delays in responding to medical emergencies. Keach,
the attorney for Cannon's mother, asked Goyer if
similar delays in responding to a patient emergency would be acceptable at
St. Peter's Hospital, where Goyer is also
employed. "This is not St. Peter's, this is a jail," he answered.
"I felt as though he was exhibiting signs of heat exhaustion, which is
not uncommon for that time of year," Goyer
explained. In the 10 hours that followed the initial visit by Goyer and a second CMC nurse to Cannon's cell, there
were shift changes of nurses and correctional staff, and Cannon was
shuffled back and forth between his tier and the medical infirmary. At
times, cameras showed him staggering into walls and vomiting. Goyer admitted in his deposition that he did not
conduct a neurological assessment of Cannon. "He did not present with
any neurological facial deficit." By 10 p.m. that first night —
roughly six hours after Cannon asked for help — officers continued pressing
CMC staff to assist the inmate. "Each time, they were told that the
inmate would be seen the next day for sick call and that he should continue
to drink water," the state's investigation found. Just after 3 a.m.,
with new officers and nursing staff on duty, Cannon was found lying on the
floor of his cell unable to talk. His eyes were open and he was foaming at
the mouth; his legs were stiff and his arms limp. Officers scooped Cannon
into a wheelchair and pushed him toward the infirmary. Videos of the
transport show Cannon's head tilted to the left and his feet dragging
beneath him. Despite his severe symptoms, no one called an ambulance.
Kathleen Coogan, a CMC nurse, took Cannon's vital
signs and waved an ammonia inhalant under his nose to see if he reacted. He
pulled his head away. When Cannon was wheeled into an infirmary holding
cell, cameras captured the scene as an officer pulled him out of the wheelchair
and placed his limp body halfway onto a mattress on the floor. His feet
were twitching, and Coogan said she continued to
observe him on a live-camera feed and by peering through a window in the
cell. Even at this point, no ambulance was called. The state's
investigation determined Coogan "failed to
conduct a basic nursing and neurological assessment on a patient with
obvious signs and symptoms of a neurological crisis ... that she thought
Cannon had a seizure and that she would just watch him for a while."
Cannon remained motionless on the mattress for another hour. The cameras
showed Coogan going in to see him at 4:30 a.m.,
and wiping his face and patting his arm. It was more than 12 hours after
Cannon pleaded with guards that something was wrong and he needed medical
help. Finally, Coogan called a doctor on call for
CMC, who instructed her to call an ambulance. It would take nearly another
hour for Cannon to be removed from the jail and taken to a hospital. Emre Umar of Blue Bell, Pa.,
is president of CMC, a for-profit company owned by his wife, Maria Carpio. Neither are licensed medical professionals. Umar has acknowledged that for more than 10 years the
company operated in New York in violation of state law requiring
medical-care companies to be owned by a physician. The firm has since
restructured to adhere to the law, although Umar
remains in charge of its operations. A year ago, in a pre-trial deposition
taken as part of a federal lawsuit filed on behalf of an inmate who died at
the Ulster County jail, where CMC was the medical provider, Umar acknowledged multiple and repeated lapses by his
employees through the years. Still, he defended CMC's work. "If you
care so much about the people that you're trying to provide care for, why
have so many of them died under difficult circumstances such as detailed in
all the various Commission of Correction reports?" an attorney asked Umar. "I think you would have to look at the
physical state that the individual is in when they come into the facility,
and then you will find out that we do not kill people. We do not let people
die," Umar said. "These are people that
have had no medical care throughout their entire lives, never seen a
physician. They are drug abusers, they are alcoholics. So, you know, what
you're saying is a total inaccurate statement." He also acknowledged
that since the implementation of the Affordable Care Act — or Obamacare — many inmates are being enrolled in
government-funded health care. Prior to that, Umar
admitted, sending an inmate to a hospital would lower CMC's profit margin
because some of the costs would come out of their contract revenues. But he
denied that there was a systemic problem, or that any staff members were
prohibited or discouraged from sending inmates to a hospital in an
emergency. ''We pride ourselves on doing a good job and we do not deny
medical care even if it affects our bottom line," Umar
said. Keach, the attorney for Cannon's mother,
said New York should ban CMC from doing business in the state of New York.
"It's time for the regulators to act," Keach
said. "Mr. Umar's business model directly
correlates profits with the denial of medical care, and he and his wife ...
have made millions from that correlation."
Broome County Jail, New York
Correctional Medical Services
May 5, 2018
pressconnects.com
CMC administrator takes legal action against former CMC employees for
defamation
The administrator named in the lawsuit against Correctional Medical
Care for allegedly pressuring nurses to falsify medical records is now
taking legal action against the plaintiffs for defamation. Three summons filed with the Broome County Clerk's Office
Monday claim Maggie McDonnell, the former director of nursing, Jennifer
Rivers, the former health services administrator, and Nicole Dzeidzic, a former nurse, libeled and slandered the
administrator, Renée Fonseca, through the claims in the suit. The three
defendants and the plaintiff are named as former and current employees of
CMC in the suit, but a representative from CMC said they
were and are employed by CBH Medical. CBH, the representative said,
provides the medical services in the New York jails it serves while CMC
provides administrative services. Fonseca, the corporate medical director
and director of clinical services at the jail, is seeking compensatory and
punitive damages, and is claiming the women are responsible for
"intentional infliction of emotional distress" and malicious
prosecution. The complaint filed by the former employees contained
statements that were "false, malicious and defamatory," and has
hurt Fonseca's "professional reputation," according to the
complaint. The original suit, filed April 24, claimed the plaintiffs were
instructed to alter dates on records to make it seem as if inmates had
received medical attention within the required time frame, all in an effort
to pass state accreditation. When the plaintiffs refused to alter records,
they said, they were fired or forced to resign because of constant threats.
In a statement April 25, CMC, which is based in Pennsylvania and operates
in multiple New York county jails, called the suit "baseless" and
said one of the plaintiffs was fired by a
co-litigant for "inappropriate conduct." CMC did not name the
plaintiff in question. Ronald Benjamin, the attorney representing the
former employees, countered that claim, and said Nicole Dzeidzic
was terminated by a human resources employee of CMC. Benjamin said
Wednesday he plans to file counterclaims against Fonseca. "This will
not be a he said/she said (scenario)," he said. "The proof is
going to come from the medical records."
Apr 27,
2018 spectrumlocalnews.com
Former Broome County Jail Nurses
claim they were forced to falsify medical records
BINGHAMTON, N.Y. -- Caring for an inmate is of course the top priority for
medical professionals at any correctional facility. But according to three,
now former nurses at the Broome County Jail, that care was restricted. Now,
they've filed a lawsuit with Correctional Medical Care, which is the
company hired by the county to care for inmates. In it, they claim the
company forced them to falsify the medical records of inmates, in an
attempt to pass accreditation, but refused. "I have a responsibly to
these individuals, whether they're inmates or whatever their case may be, I
have a responsibility to provide them with the appropriate care," said
Maggie McDonnell, Nurse. According to the claim, nurses were directed to
backdate sick call sheets, resulting in some inmates being denied
medication. In one circumstance, they were alerted by the jail that an
inmate was suffering from serious abdominal pain. He was brought to the
hospital, but ordered to return back to the jail. "Your intestinal
track could have ruptured and you could be dumping those contents into your
abdomen. There's a multitude of conditions that can cause that that can be
fatal," said McDonnell. Attorney Ron Benjamin claims these medical
issues could drive up cost, leading the company to try to cut back.
"Inmates are not being given services, simply because the organization
is trying to cut its own cost to make the contract profitable," said
Benjamin. In a statement, the company says they've donated more than $2
million to jails they support. They also claim one nurse was terminated for
inappropriate conduct, and a second was actually terminated after admitting
to falsifying records. The third allegedly resigned after her job
performance was assessed. "They had already pulled my clearance so I
was not able to work in the jail anyway," said Jennifer Rivers, Health
Services Administrator. The nurses are seeking to win back the wages lost
from their salaries. Correctional Medical Care Inc. released the following
statement: The suit filed by three former employees of CBH Medical is
baseless and built upon a number of lies and exaggerations. Allegations
that CMC was engaging in practices aimed at keeping its costs as low as
possible are patently false. CMC and CBH Medical have donated in excess of
$2,105,599 in staffing since their inception to address the rising acuity
and severe health concerns in jails. The correctional facilities house a
population with the highest levels of chronic disease, mental health, and
substance-abuse problems. No employee of CBH Medical or CMC has ever been
instructed to falsify a medical record. One nurse was terminated by her
co-litigant before the end of her probationary period for inappropriate
conduct. That co-litigant was responsible for the medical unit in the
Broome County Correctional Facility and voluntarily resigned after having
her job performance addressed. One nurse was terminated and reported to the
Office of Professions after admitting to falsifying medical records during
an investigation, which was immediately reported to the Office of the
Attorney General. It has become a cottage industry for some plaintiffs’
attorneys to abuse public perception and distort and exaggerate facts for
their own personal gain. This attorney reached out to us and made a
six-figure monetary demand to settle and avoid public scrutiny. We chose to
proceed to litigation. This complaint, like any other, will go through the
litigation process to separate facts from unfounded allegations.
Correctional healthcare companies employ thousands of qualified and caring
medical professionals – our neighbors and colleagues – who, alongside
correctional staff, saves thousands of lives every
day.
Richmond City Justice Center
Jun 3, 2018 richmond.com
Medical contractor ends relationship with Richmond City Justice Center
following poor review
Sheriff Antionette Irving is rushing to
retain a medical contractor for the Richmond City Justice Center after the
private company responsible for providing treatment to the jail's 900-plus
inmates backed out of its contract following a critical review. Correctional Medical Care Inc. gave
notice in April, only nine months after coming aboard, that it would end
its three-year, $20.5 million agreement with the Richmond Sheriff’s Office
on July 14. The decision came shortly after a poor review Irving’s
administration gave the contractor. It cited, among other issues, CMC
double-charging inmates for medication and not paying outside vendors on
time. The departure leaves the facility
in need of its fourth private health care provider in about seven years, at
a time when state lawmakers concerned about the standard of care for
inmates have launched reforms intended to boost jail oversight. It also
leaves the city vulnerable to paying a higher rate for services under an
emergency procurement process designed to streamline the search, according
to Irving. CMC declined to answer questions
about the review or its decision to pull out of the agreement. In a written statement, the
company's vice president Shane Sunday said it terminated the relationship
with the jail because of “contractual disagreements – reimbursements that
were not made by the City – related to the different administrations and
not any performance concerns.”
“The review
provided by (Irving) addressed some clerical and operational items that met
the standards of the previous administration but were not in line with the
expectations of Sheriff Irving," Sunday stated. "While we did not
agree with all these changes, we worked swiftly to bring the operation in
line with these expectations.”
Most of
Virginia’s local and regional jails work with private medical providers.
Thirty-two of 40 facilities that responded to a 2017 survey conducted by
the state's Joint Commission on Health Care said they contracted out most
or all health services for inmates.
In the
region, both Chesterfield County and Henrico County work with contractors
to provide some medical services or staffing in the facilities they run. Chesterfield moved toward the
practice to help with hard-to-fill nursing jobs, said Sheriff Karl Leonard.
The county also contracted with CMC beginning in April 2017. There's
another benefit for jails to contract, he said. “The cost to localities – it’s cheaper to contract because
you’re paying for a service," and not the benefits that are required
for employees. The
Richmond sheriff’s office cycled through private medical contractors under
C.T. Woody, Irving’s predecessor. In 2011, the former sheriff retained
Tennessee-based Correct Care Solutions for a three-year, $4 million
contract to provide services in the old city jail, where conditions were
blamed for inmate deaths.
The
decision consolidated existing medical services under one contract and was
intended to save money on transporting inmates to the VCU Medical Center
when they required care, Woody told the Times-Dispatch at the time. When the new jail opened in 2014,
it included an 18-bed, in-house medical facility. Woody brought in
Birmingham, Ala.-based NaphCare, Inc. for a
three-year, $6.2 million contract to provide medical services beginning in
November 2014. Despite
on-site care, inmates continued to die in the city's new facility,
resulting in legal action against Woody and NaphCare,
Inc.. Each was named in a $20.4 million wrongful
death suit filed by the mother of an inmate who died in 2016, Gregory Lee
Hill. Woody retained Correctional Medical
Care last year. The company began working in the jail on July 1, 2017.
Irving, whose platform as a candidate included a promise to improve
healthcare and mental health services in the jail, gave the critical review
in mid-March, three and a half months after she took office. Issues that surfaced included CMC
and its subcontractors not paying bills to outside providers, such as the
VCU Health System, on time. The outstanding balance as of mid-April was
$2.3 million, according to figures provided by the Sheriff's office. Some
of the outstanding balances date back to last July, Irving said. Inmates have filed 283 formal
complaints against CMC since the company began working in the jail last
July, according to Irving’s office.
Irving said
she had personally heard complaints from inmates about the quality of the
contractor's services. The Richmond Times-Dispatch has requested an opportunity
to review the complaints.
“A lot of
it came due to complaints to the inmates or making requests that they had
not been provided service,” Irving said. “Inmates notified me or verbally
had those conversations with me. Once I came in if they would see me in the
hall they would ask about medical treatment, different services that they
needed.” Irving's administration also
discovered that CMC routinely double charged inmates for medications they
required, and charged for medicines that should not have cost anything, she
said. The mistake occurred 270 times between last November and the end of
May, according to sheriff’s office data. Irving’s office provided information demonstrating
that jail staff had attempted to remedy the errors. Among other issues outlined in the review: CMC did
not provide full monthly staffing reports to Irving’s administration
notifying the sheriff's office of personnel changes within the time frame
specified under the contract, nor did it promptly remove access to the
jail's medical facility for former employees, Irving said. CMC did not provide mental health
or CPR training to the jail staff during Irving’s tenure, she said. The
contractor also did not implement a "telemedicine" system to
facilitate audio and video conferencing for medical or mental health
consultations with inmates; the contract required the system to be set up
within 60 days of CMC entering the jail. The review rates the contractor’s performance as
“poor,” and states Irving’s administration would not recommend renewing the
agreement, a stance Irving said she changed after CMC took steps to address
some of the issues following the review. “We were moving forward to ensure that we could make
this work … We were not terminating the contract,” Irving said. CMC dispatched a senior
administrator to the jail and hired a new director of nursing and health
services administrator, who Irving said began to get a handle on things.
Soon after, though, CMC informed Irving it would terminate the contract in
90 days. A memo dated April 23 notified the
contractor’s employees who work in the jail of the decision, though it does
not explain why. “We look forward to working with the administrative team
and staff to ensure a seamless transition,” the notice states. Irving said her office is working
to secure a new contractor, and has conducted interviews with four
entities. City procurement policy does not require an emergency call for
vendors to be publicly advertised until after a bid is awarded. While the search for a replacement
contractor is still ongoing, Irving said there is a “strong probability”
the jail’s medical costs will exceed the $8.2 million the City Council
budgeted for fiscal year that begins July 1, meaning the sheriff's office
will likely have to seek additional funding from the Council to cover
higher costs.
Schenectady County Jail, New York
Sep 3, 2017 dailygazette.com
Schenectady jail death case
settles for $100,000
SCHENECTADY — A lawsuit over a suicide
at the Schenectady County Jail in 2014 was settled for just over $100,000,
according to recently filed legal documents. Judge Daniel Stewart approved
the settlement late last month, finding the amount appropriate, given the
details of the case, which involved the death of Lucky Wilkins. The judge
also ruled that the settlement be made public, going against requests by
both the jail medical provider and attorneys for the estate of the man who
died. In all, Correctional Medical Care agreed to pay $101,500 to Wilkins'
estate to end the case, while denying the underlying allegations of
improper care. The settlement involved no county money, Schenectady County
Attorney Christopher Gardner has said. Correctional Medical Care covers
legal costs and payouts in all such lawsuits. Jail employees discovered
Wilkins dead in his cell on May 28, 2014. He had a sheet around his neck,
the other end tied to a bar at the top of his cell. State correction
officials closed the matter as a suicide, but Wilkins' estate contended
Wilkins showed signs of severe depression during his two months in jail,
where he was being held on drug-related charges. Wilkins' estate alleged he
sought assistance for depression from medical staff at the jail and at
Ellis Hospital but was never provided any meaningful help. The estate
originally included claims against Ellis, but those were later dropped. The
suit alleged Wilkins received no medical treatment, causing his death.
Attorney E. Robert Keach represented Wilkins'
estate. He would not comment on Monday. Representatives of Correctional
Medical Care did not respond to requests for comment. In his ruling, the
judge noted that Wilkins' two children will be the beneficiaries of the
settlement. Keach noted in the original lawsuit
that there have been previous allegations against Correctional Medical Care
in Schenectady County and elsewhere — he highlighted a state attorney
general's settlement with the company — in outlining what he called a
"pattern of difficulties." Keach also
represented the family of Nicole Carmen, who died in Schenectady County
custody on April 29, 2013. She died from complications of opiate
withdrawal, her suit contended. Carmen's family later won a $425,000
settlement from Correctional Medical Care. The judge in that case, David N.
Hurd, also rejected a request from the attorneys
to keep that resolution confidential and sealed. Stewart, the judge in the
Wilkins case, cited the Carman settlement decision in his ruling to make
the Wilkins settlement public. In ordering the Carmen payout to be
disclosed publicly, Hurd cited the significance
of the allegations and the substantial settlement. He also cited prior
allegations against CMC, finding a "strong public interest" in
the Carmen settlement. Correctional Medical Care's contract with the county
ran out in December but has been extended, Gardner said. The county is
preparing a request for proposals to determine whether Correctional Medical
Care or another company gets the next contract, Gardner said. He said
Monday he hopes to have that process concluded by the end of the year.
Apr 29, 2017 dailygazette.com
Lawsuit filed in Schenectady County inmate's death
Schenectady County Jail medical staff failed to provide proper medication
to a man with a variety of ailments, leading to his death last year, a new
lawsuit contends. Jimmy Richardson,
53, of Emmett Street, died at the jail Jan. 17, 2016, of a heart issue. The
lawsuit contends he managed his health concerns outside the jail, but that
the jail medical staff contributed to his death by withholding some
medication and changing pain medication. "While [Richardson] was
obviously not the healthiest person, he had been successfully managing his
medical conditions for several years. It was not until the defendants
denied him his medication for several weeks ... that [Richardson]
died," the suit reads, adding that the defendants' actions caused his
death. Richardson's widow, Bernita Richardson,
filed the suit last week in federal court in Albany seeking unspecified
damages. Attorney E. Robert Keach is representing
the estate. Named as defendants are the jail's medical provider
Correctional Medical Care, Schenectady County and individuals connected to
the jail and medical provider. Schenectady County Attorney Christopher
Gardner on Thursday said the county is reviewing the case, but reserved
comments on the allegations. Correctional Medical Care President Emre Umar issued a statement
Friday saying that, while the company is "always saddened to learn
about any loss of life or negative medical outcome," it "stands
by the quality of services provided." Umar
noted that jails house "a population with the highest levels of
chronic disease, mental health and substance-abuse problems," and the
company employs thousands of qualified and caring professionals. "It
has become a cottage industry for some plaintiffs’ attorneys to abuse
public perception and distort and exaggerate facts under the pretense that
they care about this patient population, doing so for their own personal
financial gain," Umar's statement reads.
"This complaint, like any other, will go through the litigation
process to separate facts from unfounded allegations." According to
the lawsuit, Richardson "died a preventable death." Richardson
suffered from a series of ailments, including a cardiac disease called Brugada's Syndrome that can cause sudden death. He took
various medications to address his conditions. He also took strong opiate
pain medication that can cause withdrawal symptoms if stopped, the suit
reads. Richardson was jailed twice in the weeks leading up to his death,
first for five days in December 2015, then again starting Jan. 4, 2016. The
suit alleges he wasn't provided with any of his medication in his first stint
at the jail and that records showing he received medication from the start
of his second stint are fabricated. The suit notes that attorneys are still
waiting for Richardson's pharmacy records, but based the fabrication
allegations on a medical provider's note in conflict with his jail medical
records and numerous handwritten "sick call" slips written by
Richardson. He wrote in one dated Jan. 11, 2016, included in the suit
"I am Hurting so Bad I need Help!!!" Medical records did record
that Richardson did not receive any pain medication beyond Tylenol until
Jan. 13, 2016, the suit reads, due to an apparent problem with a
prescription written by a jail doctor. However, the prescription also
changed his pain medication to morphine without consulting his personal
doctor. He then received overdoses, the suit alleges. The night before he
died, the suit alleges that Richardson again sought help and was in
"obvious need of medical assistance," but a corrections officer
threatened him with disciplinary action and denied him care. "The case
is obviously in the early stages and we need more information," Keach said Thursday, "but Mr. Richardson's death
is certainly indicative of a disturbing pattern of deaths at correctional
facilities where health care is overseen by Correctional Medical
Care." Keach has brought lawsuits for other
deaths at the Schenectady County Jail and elsewhere related to Correctional
Medical Care's work. He filed a lawsuit in January over the death of
57-year-old Michael Revels, alleging Schenectady County Jail medical
officials continually interrupted his medication, leading to his November
2015 death. That case remains pending. Keach
earlier won a $425,000 settlement in a 2013 Schenectady County Jail death
and an undisclosed settlement in the 2014 suicide of an inmate at the jail
after his suit contended he sought help for depression. Any settlements
involve no county money as part of the county's agreement with the company,
Gardner has said. Correctional Medical Care's contract with the county ran
out in December and has been extended through June, Gardner said. The
county is preparing a request for proposals to determine whether
Correctional Medical Care or another company gets the next contract,
Gardner said.
Feb 4, 2017 PCWG dailygazette.com
Suit filed in death of Schenectady County inmate
Schenectady County Jail medical officials failed to properly care for
an inmate in 2015, resulting in his death, according to a new lawsuit.
Michael Revels, 57, who entered the jail in September 2015, was a kidney
cancer survivor who required constant medication, the suit reads. By
mid-November 2015, constant interruptions to his medication left him near
death, Revels' family contends. He died at the hospital shortly afterward
because of faulty care while in the jail's custody, the suit reads.
"These conditions could have been easily treated had Mr. Revels been
sent to the hospital or been monitored by a qualified medical
provider" during his time at the jail, the suit reads. Revels estate
is suing the jail's medical provider, Correctional Medical Care, as well as
Schenectady County and several individuals. They filed the suit in federal
court in Albany last week. An attorney for Correctional Medical Care could
not be reached Monday. Schenectady County Attorney Christopher Gardner said
the county believes there's no basis for the suit. According to the suit,
Revels' medication regimen began to be routinely interrupted upon entering
the jail. He received the wrong medication, failed to get refills and
received cheaper and less effective medication, it alleges. He underwent
tests at the jail, but no real treatment, the suit reads. The jail medical
staff made no contact with Revels' specialists and made decisions without
being medically qualified to do so, the suit continues. Jail officers found
Revels unconscious in his cell on Nov. 18, 2015, but he wasn't hospitalized
until two days later. Revels fell into a coma and died at the hospital Nov.
25, 2015, the suit reads. The suit also contends jail officials sought and
won Revels' release after transporting him to the hospital, a move that
placed the financial burden of the hospital stay on his family. The
estate's attorney, E. Robert Keach, has sued
Correctional Medical Care multiple times in the past, winning settlements
that include a $425,000 settlement in a 2013 Schenectady County Jail death.
Keach cites several of the previous cases in his
suit, calling the Revels case part of a "well-documented pattern"
of the company providing inadequate care. Another lawsuit in a Schenectady
County Jail death was settled earlier this month, records show. Details of
that settlement have yet to be released. Such settlements involve no county
money, Gardner has said. The medical provider covers all such lawsuits.
Payouts, if any, are fully paid by CMC. The county budgets about $2.5
million for inmate health services overall. The jail saw about 3,000
inmates booked in 2015, requiring 23,000 medical encounters, officials have
said. Overall, the county is satisfied with the care provided by CMC,
Gardner said. "The county and the sheriff are continually monitoring
any issues that may arise ... and we're constantly working to improve the
provision of medical care," Gardner said.
Jan 15, 2017 dailygazette.com
New York: Wrongful death suit settled
SCHENECTADY -- The estate of a man who took his own life in the
Schenectady County Jail in 2014 has reached a settlement with the jail's
medical provider in a lawsuit filed over the death, records show. Details
of the settlement over the death of 29-year-old Lucky Lee Wilkins Jr., were
not available Wednesday, but U.S. District Court records indicate the two
sides reached the agreement after lengthy discussions last week. Whatever
the settlement is, Schenectady County Attorney Christopher Gardner
indicated it involves no county money. The jail's medical provider,
Correctional Medical Care, chose to settle the case, Gardner noted. The
settlement agreement now goes to the presiding judge, Magistrate Judge
Daniel J. Stewart, for approval. Stewart will also decide on a request to
seal the details of the settlement. A different judge rejected a request to
seal details in a similar Schenectady County Jail case settlement a year
ago. Wilkins died in county custody on May 28, 2014. Jail employees discovered
him with a sheet around his neck, the other end tied to a bar at the top of
the cell, according to court documents. He had been jailed on a felony drug
charge for more than two months and was being held on $25,000 bail. In the
original lawsuit, filed in August 2015, his estate contended Wilkins showed
signs of severe depression, including suicidal thoughts, during his time in
the jail. The estate alleged Wilkins sought assistance for
depression from medical staff at the jail and at Ellis Hospital but was
never provided any meaningful care. The estate originally included claims
against Ellis, but those were later dropped. The suit alleged Wilkins
received no medical treatment, causing his eath.
The attorney for Wilkins' estate, E. Robert Keach,
refused to comment on the settlement. An attorney for Correctional Medical
Care could not be reached Wednesday. While no taxpayer money is going to
the settlement, Gardner said the county doesn't think there was "any
wrongdoing on anyone's part." The state Commission of Corrections,
which looks into all in-custody deaths, issued its final report in the fall
that showed fellow inmates told investigators Wilkins had been upset over a
breakup with his girlfriend and over his criminal case. The public portion
of the redacted report, released Wednesday as a result of a Freedom of
Information Law request, includes no testimony or indication that Wilkins
reached out for help from staff or others. The report recommended the
investigation be closed as a suicide. Correctional Medical Care covers all
such lawsuits. Payouts, if any, are fully paid by CMC. Keach
noted in the original lawsuit that there have been previous allegations
against Correctional Medical Care in Schenectady County and elsewhere. He
also noted a state attorney general's settlement with the company, in
alleging a "pattern of difficulties." Keach
also represented the family of Nicole Carmen, who died in Schenectady
County custody on April 29, 2013. She died from complications of opiate
withdrawal, her suit contended. Carmen's family won a $425,000 settlement
from Correctional Medical Care. The judge in that case, David N. Hurd, rejected a request from the attorneys to keep
that resolution confidential and sealed. Hurd
noted the significance of the allegations in the case and the substantial
settlement in ordering the Carmen resolution to be publicly disclosed. He
also cited the prior allegations, finding a "strong public
interest" that the Carmen settlement should be open.
Feb 13, 2016 timesunion.com
$10 million each sought for two inmate deaths at Schenectady County Jail
The estates of an inmate with major heart-related problems who died in
his cell at the Schenectady County Jail and another prisoner at the
facility who survived kidney cancer only to become so badly bloated that he
died at Ellis Hospital have put the county on notice that they plan to file
wrongful death suits. The deaths of Michael Revels and Jimmy Richardson
occurred about 2½ months apart and a notice of claim filed Friday by their
attorney alleges both might still be alive if they had received proper
medical care from Correctional Medical Care Inc., a firm the county has
contracted for years to treat its inmates. During that time, Elmer Keach III, an attorney representing Revels and
Richardson, contends the county was negligent in hiring the
Philadelphia-area company as a medical provider at the jail, "given
the company's troubled past." Sheriff Dominic Dagostino
and County Attorney Chris Gardner rejected the allegations. "It's our
position that regardless of who the medical provider was or is that the
outcome would have been the same with regard to these three individuals
because of their declining health," said Dagostino.
The third inmate the sheriff mentioned is Terrance Duncan. He died at the
jail in August. On Friday, Dagostino said
officials are awaiting toxicology results as part of their internal probe
into Duncan's death. Keach contends that what he
generally sees is that CMC doesn't provide inmates with adequate follow-up
care after being notified by correction officers of health issues. He
surmised the company receives incentives for steering inmates to the
hospital. County Attorney Chris Gardner dismissed Keach's
claim against CMC as a "bright shining lie," stressing that the
county pays for any extra medical costs, including hospitalization and
specialty care that inmates require. "We believe they are patently
baseless lawsuits," Gardner added. He noted with the more than 3,000
inmates housed at the jail each year, there will be some who are really
sick and their time behind bars is for many defendants is the first time
they receive adequate medical care. "We do provide very good medical
care to the inmates, and not all inmates are going to be healthy,"
said Gardner. Correctional Medical Care did not return a call Friday
seeking comment. The notices of claim, precursors of a lawsuit, filed
Friday on behalf of the estates of Revels and Richardson by their widows,
separately seek $10 million in damages for each man's pain and suffering. Revels,
57, who was serving time for driving without a
license, died Nov. 25. He was a kidney cancer survivor who required a
diuretic medication to help his kidneys get rid of excess fluid from his
body. At the jail, the notice of claim alleges, on several occasions Revels
got the wrong medication or cheaper, less effective ones, or didn't get
them at all. The court papers also contend that despite being well aware of
his medical condition, the staff at the jail punished him for lying down in
his cell when he felt sick before lock-in. By November, Revels' condition
worsened to the point, the notice says, that he was regularly collapsing on
the floor. He was found unconscious by medical and jail staff on Nov. 16
and Nov. 20. On the later date, the claim states Revels was taken to Ellis
Hospital where he was so badly bloated that the doctor had to drain 7½
liters of fluid around his kidneys and other organs. There are about five
liters of blood in the human body, the notice indicates. The fluid buildup
sent Revels into cardiac arrest. He was taken off life support on Nov. 25.
The notice of claim says after Revels died, the county secured his release
and his wife got stuck with paying his remaining medical bills. In
Richardson's case, he landed at the jail on Jan. 5, a day after being
arrested by Schenectady police for violating an order of protection. He
spent his first night in custody at Ellis Hospital for assorted medical
problems ranging from high blood pressure to asthma and a potentially fatal
irregular heartbeat. The notice of claim indicates that jail guards failed
to check on Richardson, 53, or notify medical staff even though his
breathing was so labored that other inmates could hear him gurgling all
night long. At the time, Richardson was on a medical supervision status,
meaning the correction officers should have been checking him every 15
minutes. The notice says that on Jan. 17 Richardson, who was awaiting trial
on a criminal contempt charge, died alone in his cell of high blood
pressure, hypertension, cardiac arrhythmia and an enlarged heart. It also
alleges jail and medical staff should have known about Richardson's health
problems because he had been incarcerated at the facility in 2015 and had
not received the proper medical care or his medication, resulting in him
experiencing breathing problems. "Failing to provide medical treatment
to someone experiencing severe breathing problems is inexcusable," the
notice of claim states. "There is no question that officials at the
Schenectady County jail knew about Mr. Richardson's serious medical
condition, as he had informed them about his condition on several prior
incarcerations. Nevertheless, Mr. Richardson would be alive today if he was
provided appropriate and timely medical treatment and supervision."
Feb 7, 2016 timesunion.com
$10 million each sought for two inmate deaths at Schenectady County Jail
The estates of an inmate with major heart-related problems who died in
his cell at the Schenectady County Jail and another prisoner at the
facility who survived kidney cancer only to become so badly bloated that he
died at Ellis Hospital have put the county on notice that they plan to file
wrongful death suits. The deaths of Michael Revels and Jimmy Richardson
occurred about 2½ months apart and a notice of claim filed Friday by their
attorney alleges both might still be alive if they had received proper
medical care from Correctional Medical Care Inc., a firm the county has
contracted for years to treat its inmates. During that time, Elmer Keach III, an attorney representing Revels and
Richardson, contends the county was negligent in hiring the
Philadelphia-area company as a medical provider at the jail, "given
the company's troubled past." Sheriff Dominic Dagostino
and County Attorney Chris Gardner rejected the allegations. "It's our
position that regardless of who the medical provider was or is that the
outcome would have been the same with regard to these three individuals
because of their declining health," said Dagostino.
The third inmate the sheriff mentioned is Terrance Duncan. He died at the
jail in August. On Friday, Dagostino said
officials are awaiting toxicology results as part of their internal probe
into Duncan's death. Keach contends that what he
generally sees is that CMC doesn't provide inmates with adequate follow-up
care after being notified by correction officers of health issues. He
surmised the company receives incentives for steering inmates to the
hospital. County Attorney Chris Gardner dismissed Keach's
claim against CMC as a "bright shining lie," stressing that the
county pays for any extra medical costs, including hospitalization and
specialty care that inmates require. "We believe they are patently
baseless lawsuits," Gardner added. He noted with the more than 3,000
inmates housed at the jail each year, there will be some who are really
sick and their time behind bars is for many defendants is the first time
they receive adequate medical care. "We do provide very good medical
care to the inmates, and not all inmates are going to be healthy,"
said Gardner. Correctional Medical Care did not return a call Friday
seeking comment. The notices of claim, precursors of a lawsuit, filed
Friday on behalf of the estates of Revels and Richardson by their widows,
separately seek $10 million in damages for each man's pain and suffering.
Revels, 57, who was serving time for driving
without a license, died Nov. 25. He was a kidney cancer survivor who
required a diuretic medication to help his kidneys get rid of excess fluid
from his body. At the jail, the notice of claim alleges, on several
occasions Revels got the wrong medication or cheaper, less effective ones,
or didn't get them at all. The court papers also contend that despite being
well aware of his medical condition, the staff at the jail punished him for
lying down in his cell when he felt sick before lock-in. By November,
Revels' condition worsened to the point, the notice says, that he was
regularly collapsing on the floor. He was found unconscious by medical and
jail staff on Nov. 16 and Nov. 20. On the later date, the claim states
Revels was taken to Ellis Hospital where he was so badly bloated that the
doctor had to drain 7½ liters of fluid around his kidneys and other organs.
There are about five liters of blood in the human body, the notice indicates.
The fluid buildup sent Revels into cardiac arrest. He was taken off life
support on Nov. 25. The notice of claim says after Revels died, the county
secured his release and his wife got stuck with paying his remaining
medical bills. In Richardson's case, he landed at the jail on Jan. 5, a day
after being arrested by Schenectady police for violating an order of
protection. He spent his first night in custody at Ellis Hospital for
assorted medical problems ranging from high blood pressure to asthma and a
potentially fatal irregular heartbeat. The notice of claim indicates that
jail guards failed to check on Richardson, 53, or notify medical staff even
though his breathing was so labored that other inmates could hear him
gurgling all night long. At the time, Richardson was on a medical
supervision status, meaning the correction officers should have been
checking him every 15 minutes. The notice says that on Jan. 17 Richardson,
who was awaiting trial on a criminal contempt charge, died alone in his cell
of high blood pressure, hypertension, cardiac arrhythmia and an enlarged
heart. It also alleges jail and medical staff should have known about
Richardson's health problems because he had been incarcerated at the
facility in 2015 and had not received the proper medical care or his
medication, resulting in him experiencing breathing problems. "Failing
to provide medical treatment to someone experiencing severe breathing
problems is inexcusable," the notice of claim states. "There is
no question that officials at the Schenectady County jail knew about Mr.
Richardson's serious medical condition, as he had informed them about his
condition on several prior incarcerations. Nevertheless, Mr. Richardson
would be alive today if he was provided appropriate and timely medical
treatment and supervision."
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