A Mexican citizen that was detained by the U.S. Immunization and Customs Enforcement agency (ICE) after a driving violation, allegedly failed to be given the required physical exam and subsequently died in custody of a treatable malady. His widow, according to The Atlanta Journal-Constitution, has filed a wrongful death lawsuit against ICE and is seeking $1 million in damages.
The suit was filed in federal court by R.M.M.’s widow, S.H.G. S.H.G. claims that her husband died from an undiagnosed myocarditis.
Myocarditis is an inflammation of the heart muscle – and S.H.G. contends that her husband’s ailment would have been caught in time had the ICE followed through on its policy to give each detainee a physical exam. A physician neither examined R.M.M. nor signed off on a report of an exam.
Attorneys representing S.H.G. claim that myocarditis is a treatable condition.
The lawsuit states, “The government's failure to provide proper medical treatment of Mr. (R.M.M.) breached the applicable standard of care and was negligent.”
Investigative reporters found that a physical exam was allegedly administered by the Stewart Detention Center in south Atlanta. At that time R.M.M. was given a health ranking of “good” but no physician’s signature attested to giving R.M.M. the exam. Additionally, a record from the detention center states that R.M.M. was given “proper care and treatment.”
Last September ICE rejected S.H.G.’s claim for $1 million in damages. Allegedly S.H.G.’s attorney was told by the ICE spokesman that the attorney “failed to establish that any negligent or wrongful act or omission of a federal government employee caused this alleged incident” and the spokesman further commented that ICE, “recognizes the importance of ensuring that all detainees receive timely and appropriate medical treatment. To ensure the highest quality health care, the ICE Health Service Corps medical facilities comply with applicable health-care standards from the American Correctional Association and the National Commission on Correctional Health Care, and the ICE National Detention Standards…”
The spokesman continued, “ICE is committed to providing all detainees in our care with timely, safe, humane and appropriate treatment, which includes medical and mental health care. ICE has developed a system of service delivery and oversight to ensure that this occurs.”
It all began in January of 2009 when R.M.M., traveling in North Carolina, was arrested by police for speeding and driving without a license. While ICE considered whether to deport him a detainer was issued.
R.M.M. was transferred to the Stewart County ICE detention center. On March 11, 2009, while still detained, he died at the St. Francis Hospital in Columbus.
According to ICE records, R.M.M. was listed as a Mexican citizen that entered the U.S. illegally in 2001 and the American Civil Liberties Unions (ACLU) shows him as “undocumented” at the time he died.
The ACLU is reportedly helping represent S.H.G. in the lawsuit.
If you have lost a loved one in a wrongful death scenario, contact a personal injury lawyer for help. Filing a lawsuit can bring about change, and usually merits a monetary award.