South Carolina pays $1.2 million in lawsuit over mentally ill inmate who died

From this Report from channel WLXT 19

much more information and details at the link

The state has paid $1.2 million to the estate of an inmate with mental retardation who died in 2008 after being kept naked for 11 days in solitary confinement and developing hypothermia.

Records from the state Insurance Reserve Fund also show the state paid an additional $199,000 to its private lawyers in the case, which was cited last year by former state Circuit Judge Michael Baxley in his landmark, 45-page order finding the state Department of Corrections had violated the rights of inmates with severe mental illness.

The estate of Jerome Laudman sued individual officers in the case in federal court and filed suit against the prison system in state court. Both cases were settled last year, records show, with the federal suit being dismissed and the state agreeing to pay $1.2 million in the state case.

"We settled the case for 1.2 million," Corrections Director Bryan Stirling said. "Corrections continues to make significant changes and improvements for the safety and security of officers and staff, inmates and the community."

Sen. Mike Fair of Greenville, chairman of the Senate Corrections and Penology Committee, said of the settlement that "$1.2 million doesn't bring this man back to life. ... (But) hopefully the family can have closure on that."

Scott Evans, a lawyer for the Laudman estate, said the family of Laudman feels the settlement was a fair one. He said the maximum amount that can be paid in a state medical negligence claim in South Carolina is $1.2 million. He said $600,000 is the limit for a wrongful death claim and $300,000 for other types of claims.

[...]

When an investigator looked at the videotape of the transfer of Laudman, he noted that it contained only a few minutes of footage before it went blank, according to the internal report.

The cell was bare, with a concrete pad for sleeping and no blanket, according to the suit. The lawsuit alleges that the entire area was cold and there were problems with the heating system.

Laudman was stripped of all "basic necessities," according to the lawsuit, including mattress, sheets, socks, shoes, underwear and uniform." He also wasn't provided access to his medication while in the Supermax cell, according to the suit.

Four days after Laudman was placed in his new cell, an officer noticed that he was sitting and stooped over "like he was real weak or sick," according to the internal investigative report.

The officer also noted that food trays were piled up near the door, Laudman was naked and the room was bare. The officer didn't report what he saw, according to the report, because when he brought up issues in the past he was told to "leave it alone."

[...]

Settlement in psychiatric care lawsuit

A man seeks help, and doesn't get it. From the Herald Online in Rock Hill, SC

The family of a Rock Hill man who killed himself after being denied admission to Piedmont Medical Center will receive $1 million from the hospital in a lawsuit settlement, according to court documents.

Swain Walter Wright Jr., a 71-year-old father of two, was homicidal and suicidal in December 2001 when he twice sought admission to the psychiatric unit at PMC, the lawsuit says. He hung himself from a tree in his back yard, according to the lawsuit.

Wright's family sued Tenet Healthcare, the parent company of Piedmont Medical Center; Amisub of South Carolina, which does business as Piedmont Medical Center; Dr. Bruce H. Lobitz; and Lynn Murphy, a registered nurse and an employee of Amisub.

Tenet Healthcare and Lobitz later were dropped from the suit.

Amisub, a subsidiary of Tenet Healthcare, will pay $1 million, according to the suit, filed by attorneys Joey Wright and Johnny Felder.

"The family hopes that the tragic loss of their father will cause changes to be made regarding admission of psychiatric patients seeking help at the emergency room of Piedmont Medical Center so that this does not happen to anyone else," Wright said.

Swain Wright had struggled with the death of his wife of 38 years and his retirement after 40 years with Rock Hill Printing & Finishing Co., Joey Wright said.

"He had never had any psychiatric problems," Joey Wright said. "It is felt that if Mr. Wright had received appropriate counseling, he would have been able to deal with his problems."

Charles Miller, PMC's chief executive officer and president, referred questions to Spartanburg attorney Billy Gunn. He could not be reached for comment.

At issue in the lawsuit was Swain Wright's request for treatment in PMC's psychiatric unit. [...]

The suit is the second one settled by the hospital since March 19. The family of Herbert Cogan received $1.77 million in a wrongful death lawsuit after he was given the wrong drug because of a doctor's error.