As reported by the New York Times, the family of a former postal worker, that allegedly died in jail due to untreated alcohol withdrawal, will be awarded $2 million in a settlement from the city of New York.
The agreement, announced in Manhattan’s Federal District Court just before Memorial Day, brings closure to an incident that began in May of 2007.
O.L., the victim, was arrested in May 2007 when his wife had barred him from their shared apartment after they had an argument over his drinking.
O.L. was jailed in the Manhattan Detention Complex – the complex is also known at the Tombs.
The lawsuit stated that once incarcerated, O.L. told staff at the jail’s clinic that he normally consumed two to three pints of rum per day. It was also reported that he seemed both agitated and disorientated – clear symptoms of alcohol withdrawal.
Medical personnel in the clinic failed to follow the written protocol for treating inmates that displayed severe alcohol withdrawal.
One such protocol would have been to hospitalize O.L.
O.L. was to visit the medical clinic a total of three times while being in jail for 28 hours, the first time to evaluate him and two subsequent times – he was brought in by correction officers that were concerned about his erratic behavior.
Records show that O.L. died approximately 28 hours after arriving in jail.
Jonathan S. Chasan, of the Legal Aid Society’s prisoners’ rights project said, “There was a conspicuous failure to follow the requirements of the alcohol withdrawal protocol” and because the jails in New York City “routinely admit inmates with drug and alcohol problems” he feels that this case is important.
Jonathan S. Abady, another lawyer for the family, said, “It’s not at all clear that the city has taken adequate corrective action…to make sure something like this doesn’t happen again.”
After reaching the settlement, in which the city did not admit liability or wrongdoing, the city’s Law Department spokeswoman Kate O’Brien Ahlers said, “While we felt settlement was in the best interest of all parties, we continue to maintain that (O.L.) received appropriate care.”
In regards to the city’s Correction Department and the Health and Mental Hygiene Department, of which Ahlers is also the spokeswoman, she said that the workers have training “regularly as warranted” and that the patients “on detoxification protocols are closely monitored by medical staff.”
Federal Judge Naomi Reice Buchwald denied the city’s request for dismissal in January when they argued that O.L. had “several thorough medical and mental health evaluations and never manifested signs and symptoms of alcohol withdrawal.”
Instead, Buchwald noted three city and state agency investigations had found “ host of failures” by medical personnel and the State Commission of Correction. The December 2008 report contended that O.L.’s death “may have been prevented had he received timely medical diagnosis and treatment.”
Loosing a loved one is always difficult, but coupled with the possibility of a wrongful death, it can become unbearable. Contact a personal injury lawyer to file a lawsuit and obtain monetary compensation for what you have lost.