By Harold Kruger, Appeal-Democrat, Marysville, Calif.
McClatchy-Tribune Information Services
April 13 --A lawsuit alleging Sutter County showed "deliberate indifference" to a jail inmate who died is being settled for about $825,000 , according to federal court records.
U.S. District Judge Troy Nunley in Sacramento will consider approving the settlement on May 8 .
Mary Prasad sued Sutter County in 2012 after her son, Nathan, 30, died in Rideout Memorial Hospital following his release from custody in January 2011 .
" Nathan Prasad, the father of three young children, suffered an excruciatingly painful and unnecessary death while incarcerated in the Sutter County Jail after being arrested for a minor parole violation. His repeated medical complaints were ridiculed and ignored," Mary Prasad'sSan Francisco attorney, Michael Bien, said in an email statement.
"In the final day of his life, in obvious medical crisis, the jail locked him in a room for almost four hours rather than providing medical care or simply dialing 911. The delay cost Nathan his life."
According to court documents, Sutter County agreed to the settlement without admitting liability.
" Sutter County officials responsible for the jail have been on notice for years of the ongoing problems in medical care at the jail but have failed to remedy the problems," Bien said. "For example, the jail still does not have 24/7 nursing coverage, as recommended by the Sutter County grand jury and senior personnel working for the county. Training and supervision of medical staff in emergency response is severely lacking."
Sheriff J. Paul Parker responded, "I'm not going to rise to it. He's going to say whatever he wants to say. That's his view of the matter."
Parker said he was unaware the case was settling.
"Once this stuff goes to insurance lawyers, I don't have the same concern if our lawyers are working it," the sheriff said. "They basically run this thing off the best way they can. They stay in contact with the ( Board of Supervisors)."
In a 2012 report, grand jurors sharply criticized the jail's on-duty nurse, who they said "failed to recognize the emergency and confined the seriously ill inmate in the medical cell for three hours while she attended to other routine duties."
County officials disagreed with nearly all of the grand jury's findings, saying many of the recommendations were implemented.
Officials rejected the notion jail medical staff "acted inadequately" in their treatment of Prasad, as well as the finding the nurse "did not take any interest or immediate action" responding to a medical emergency.
"The facts as stated in the grand jury report are in question. The finding is a medical and legal conclusion and lacks proper foundation," the county responded.
The settlement calls for the county to pay $414,293 upfront and to spend an additional $360,706 to fund annuities for Prasad's children, ages 6, 9 and 10.
The annuities will provide the children with thousands of dollars in periodic lump sum payments through 2037.
The children will also receive a total of about $34,000 in blocked accounts. These funds may become available, with court approval, before they reach the age of majority.
In addition to the money paid by the county, Rideout is contributing $20,000 to the settlement. Dr. Michael Fraters is paying $29,999 , the settlement document said.
Of the $825,000 , Bien's law firm will collect about $374,000 to cover its fees and costs, court documents said.
"The citizens of Sutter County must hold their public officials responsible for the unconstitutional and inhumane treatment of Sutter County citizens, like Nathan Prasad, who are accused of a crime and held in the jail," Bien said. "Jail should not be a death sentence."
CONTACT Harold Kruger at 749-4774.
___
(c)2014 Appeal-Democrat (Marysville, Calif.)
Visit the Appeal-Democrat (Marysville, Calif.) at http://ift.tt/WClN2a
Distributed by MCT Information Services
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Original Post By: http://ift.tt/1hF6i37
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McClatchy-Tribune Information Services
April 13 --A lawsuit alleging Sutter County showed "deliberate indifference" to a jail inmate who died is being settled for about $825,000 , according to federal court records.
U.S. District Judge Troy Nunley in Sacramento will consider approving the settlement on May 8 .
Mary Prasad sued Sutter County in 2012 after her son, Nathan, 30, died in Rideout Memorial Hospital following his release from custody in January 2011 .
" Nathan Prasad, the father of three young children, suffered an excruciatingly painful and unnecessary death while incarcerated in the Sutter County Jail after being arrested for a minor parole violation. His repeated medical complaints were ridiculed and ignored," Mary Prasad'sSan Francisco attorney, Michael Bien, said in an email statement.
"In the final day of his life, in obvious medical crisis, the jail locked him in a room for almost four hours rather than providing medical care or simply dialing 911. The delay cost Nathan his life."
According to court documents, Sutter County agreed to the settlement without admitting liability.
" Sutter County officials responsible for the jail have been on notice for years of the ongoing problems in medical care at the jail but have failed to remedy the problems," Bien said. "For example, the jail still does not have 24/7 nursing coverage, as recommended by the Sutter County grand jury and senior personnel working for the county. Training and supervision of medical staff in emergency response is severely lacking."
Sheriff J. Paul Parker responded, "I'm not going to rise to it. He's going to say whatever he wants to say. That's his view of the matter."
Parker said he was unaware the case was settling.
"Once this stuff goes to insurance lawyers, I don't have the same concern if our lawyers are working it," the sheriff said. "They basically run this thing off the best way they can. They stay in contact with the ( Board of Supervisors)."
In a 2012 report, grand jurors sharply criticized the jail's on-duty nurse, who they said "failed to recognize the emergency and confined the seriously ill inmate in the medical cell for three hours while she attended to other routine duties."
County officials disagreed with nearly all of the grand jury's findings, saying many of the recommendations were implemented.
Officials rejected the notion jail medical staff "acted inadequately" in their treatment of Prasad, as well as the finding the nurse "did not take any interest or immediate action" responding to a medical emergency.
"The facts as stated in the grand jury report are in question. The finding is a medical and legal conclusion and lacks proper foundation," the county responded.
The settlement calls for the county to pay $414,293 upfront and to spend an additional $360,706 to fund annuities for Prasad's children, ages 6, 9 and 10.
The annuities will provide the children with thousands of dollars in periodic lump sum payments through 2037.
The children will also receive a total of about $34,000 in blocked accounts. These funds may become available, with court approval, before they reach the age of majority.
In addition to the money paid by the county, Rideout is contributing $20,000 to the settlement. Dr. Michael Fraters is paying $29,999 , the settlement document said.
Of the $825,000 , Bien's law firm will collect about $374,000 to cover its fees and costs, court documents said.
"The citizens of Sutter County must hold their public officials responsible for the unconstitutional and inhumane treatment of Sutter County citizens, like Nathan Prasad, who are accused of a crime and held in the jail," Bien said. "Jail should not be a death sentence."
CONTACT Harold Kruger at 749-4774.
___
(c)2014 Appeal-Democrat (Marysville, Calif.)
Visit the Appeal-Democrat (Marysville, Calif.) at http://ift.tt/WClN2a
Distributed by MCT Information Services
here.
Original Post By: http://ift.tt/1hF6i37
Source : http://ift.tt/1hF6i37