Over a 12-hour period a Sacramento County jail inmate was plagued with bloody vomiting, which finally resulted in his death. The Sacramento Bee now reports that his mother and three sisters have filed a wrongful death lawsuit alleging that a sheriff's deputy and a nurse refused to provide the inmate with any aid.
Inmate M.S. died in January 2012, according to the suit, because of "defective policies and practices" within the Sacramento County Main Jail and Correctional Health Services.
Attorney Stewart Katz represents the family. The suit was filed on January 5.
The suit states that M.S., 48, was "sick and vomiting throughout (January 6, 2012). His pleas and the pleas of other inmates on his behalf to seek emergency medical care were met with silence, derision and indifference. Eventually, the unchecked vomiting led to a torn esophagus, internal bleeding and his death."
The suit contended that M.S.'s subsequent death "was a consequence of inadequate Sheriff's Department policies, practices and training regarding the recognition and response to an inmate's obvious medical needs." Inmates, according to the lawsuit, "have no ability to obtain medical care without the assistance of jail personnel."
A coroner concluded that the cause of death was Mallory-Weiss syndrome. The syndrome is defined as excessive vomiting that damages the body. The suit explains, "It is rare that Mallory-Weiss syndrome results in death, largely because of the fact that the condition is so easily treated."
According to Sheriff Scott Jones the incident was investigated "thoroughly, as we do all jail deaths. I believe the facts are at odds with the family's version of events. That's all I can say now that we have been sued."
M.S., a resident of Napa, was incarcerated on December 1, 2011. He had several charges and outstanding warrants. His criminal history included arrests and convictions for weapons violation, theft, DUI and welfare fraud.
According to the lawsuit, M.S.'s cellmate reported his vomiting to Deputy J.T., and specifically told the deputy that M.S. had "blood on his neck" and had been "bleeding out of his mouth." However, J.T. said that M.S. would have to "speak for himself" if he required help.
J.T. allegedly told the inmates that if they kept "bugging him about (M.S.'s) condition – that they would all be locked down."
When M.S. did speak up for himself, and showed J.T. a "plastic, blood-filled bag" the deputy spoke to nurse C.S. who told him that M.S. "should drink 'plenty of water' and sign up for nurse's sick call if his problems persisted."
Three days later M.S. was discovered unresponsive in his cell. His cellmate alerted a deputy and who then alerted correctional officers medical personnel from the jail. Firefighters and medics responded, and M.S. was pronounced dead.
Unspecified damages are being sought by the family for deliberate indifference, unconstitutional practices and policies, lax supervision and training, and wrongful death. Defendants include Sacramento County, Deputy J.T., Nurse C.S., eight sheriffs and three other medical staff members of the jail.
Loosing a loved one at any time is difficult. If you believe that your loved one lost their life due to the neglect or abuse of another party, contact a personal injury lawyer to file your lawsuit and sue for damages.