The Keys News out of Florida has reported that the family of a 26 year-old epileptic, detained at a Monroe County Detention Center for seven hours in June of 2009, died as a result of his illness being largely ignored. A lawsuit, in which the Monroe County Sheriff's Office has neither admitted to negligence or fault, has now been settled with the family.
Tavernier resident C.L., 26, died a few days after his incarceration at the Stock Island Detention Center. The suit alleged that Sheriff B.P. was negligent, violated C.L.'s constitutional protections against cruel and unusual punishment, and his right to due process.
B.P. settled the suit for $200,000; the award was paid by the police department's insurance carrier.
Sheriff's Office attorney Patrick McCullah said that the settlement was made to reduce losses, as "Litigation is costly and sometimes difficult to predict." McCullah told reporters, "Of course, it's a tragic situation. The Sheriff's Office certainly gives its condolences to the family, but the settlement did not include an admission of negligence or fault."
As well as the sheriff, also named in the 2011 suit were Corizon Correctional Healthcare, formerly known as Prison Health Services, and S.L., the nurse on duty at Stock Island at the time of C.L.'s death.
On the evening of June 17, 2009, C.L. was arrested for possession of marijuana with intent to sell, and possession of narcotics equipment. By the early morning of June 18, C.L. arrived at the Stock Island Detention Center. Once there, he suffered several seizures and was moved to the jailhouse's sickbay.
According to records, at about 8:15 in the morning C.L. was allowed to bathe himself unsupervised. Within a few moments staffers discovered C.L. underwater and attempted to revive him.
C.L. never regained consciousness and died nine days later.
The Miami-Dade Medical examiner listed the cause of death as seizure-induced drowning.
An investigation led by The Free Press showed that at least two times during C.L.'s time at Stock Island the Prison Health nursing staff were negligent in adhering to basic standards of care, according to medical professionals, in treating someone that is suffering with seizures.
One such instance was a Prison Health nurse putting C.L. under restraints – an action that most caretakers working with epileptics are warned about employing. Neurologists also warn that there should be caution used when allowing an epileptic near water.
A confidential settlement was made by the family with Prison Health in May and the case was dismissed in July. The family dropped the lawsuit against S.L. after settling with Prison Health.
D.L., C.L.'s mother, told reporters, "We feel its blood money, but it's the closest thing we're going to get to an admission and an apology (from the Sheriff's office). At least they didn't say, 'Tough luck.'"
Loosing a loved one is difficult under any circumstance. But in the case of a wrongful death you can contact a personal injury lawyer, file a lawsuit and seek monetary compensation for your damages.