Free Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00278-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Jeffrey K. Bartels Del. ID # 2249 Kenneth William Richmond pro hac vice Attorneys for Plaintiffs 401 South Maryland Avenue Wilmington, DE 19804 302-995-6211

Estate of William J. Cox, by ANGELIA M. COX, Admin. 6415 Chew Avenue Philadelphia, PA 19119 Plaintiff v Thomas L. Carroll, Warden Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Defendant & First Correctional Medical-Delaware, LLC. P. O. Box 69370 Tucson, Arizona 85737-0015 Defendant and Commissioner Stanley Taylor Delaware Department of Corrections Administration Building 245 McKee Road Dover, Delaware 19904 Defendant and Joyce Talley, Bureau Chief of Management Services Delaware Department of Corrections Administration Building 245 McKee Road Dover, Delaware 19904 Defendant

Civil Action No.

JURY TRIAL DEMANDED

COMPLAINT

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I. JURISDICTION 1. 28 U.S.C.S. 1331 Federal Question: This is a civil action brought pursuant to 42 U.S.C.S. 1983 alleging that each of the defendants named above, while acting under color of state law, in the manner described below, violated the decedent's right under U.S. Const. amend. VIII, to be free of the infliction of cruel and unusual punishment or death by the intentional denial of medical treatment.

II. PARTIES 2. Plaintiff, Angelia M. Cox is the Administratrix of the Estate of William J. Cox, decedent pursuant to letters of administration issued by the Register of Wills of Kent County Delaware on October 18, 2005 at Number F05022004WJC. William J. Cox is survived by Daughters Kimberly Cox Rauscher, Alicia Cox Shockley and Admin. Angelia M. Cox.

3. Defendant Thomas L. Carroll was, at all times relevant, the Warden of the Delaware Correctional Center at Smyrna, Delaware.

4.

Defendant First Correctional Medical-Delaware, LLC. advertises itself

as being an expert in prison medical care with its principal offices at the address appearing in the caption. At all times relevant hereto, it was the contractor during all relevant periods herein for the only medical care available to inmates confined to the Delaware Correctional Center in Smyrna, Delaware by virtue of an

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agreement dated June 17, 2002 by and between Defendant Stanley Taylor, Commissioner and First Correctional Medical Services.

5. Defendant Stanley Taylor is the Commissioner of Corrections for the State of Delaware who, on or about June 17, 2002 entered into an Agreement Defendant First Correctional Medical-Delaware, LLC (hereafter referred to as "FCM") for the provision of comprehensive medical care for inmates incarcerated by the Delaware Department of Corrections.

6. Defendant Joyce Talley is the Bureau Chief for the Bureau of Management Services, Delaware Department of Corrections, who was specifically charged with oversight of inmate health care services and ensuring the most effective and lowest cost delivery of medical services to incarcerated offenders.

THE FACTS: 7. Decedent William J. Cox, born February 15, 1954, and based upon information and belief, was confined to the Delaware Department of Corrections in June, 2003 for Contempt of Court and additionally for a third offence of Driving Under the Influence with a Revoked License and commenced serving a sentence in November, 2003 at the Delaware Corrections Center.

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8.

On or about November 7, 2003, Decedent Cox is believed to have been

medically screened as a sentenced inmate at the Delaware Corrections Center by staff under the direction, supervision and control of Defendant First Correctional Medical at which time, the decedent advised the staff of his history of insulin dependent diabetes, hepatitis C, cirrhosis of the liver and abdominal pain after which the decedent was taken to Kent General Hospital in Dover for an abdominal ultrasound examination and blood chemistry on or about November 12, 2003.

9. The findings of the radiologist and laboratory at Kent General Hospital confirmed diseased liver with elevated (ALT) (AST) and blocked bile ducts (ALK PHOS) or cholecystitis.

10. In spite of the findings, the decedent Cox was denied special diet, diuretic medications, paracentesis to remove abdominal fluid or other remedial measures to divert abdominal fluid from the decedent's abdominal cavity to the point where upon discharge on April 26, 2004, the decedent Cox had a stomach grossly and obviously distended with nine lbs of fluid.

11.

On April 28, 2004, the Decedent was admitted to Kent County

Hospital emergently and lapsed into a coma on April 29, 2004, after which he was transferred to a hospice until he expired on May 2, 2004.

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12. It is believed and therefore averred that the deliberate failure to treat or provide medical care to the decedent was a direct result of the cost containment practices and policies of FCM and the Defendant Stanley Taylor and that treatment of decedent Cox's medical condition was deliberately withheld pursuant to this policy.

13.

It is believed and therefore averred that the general cost containment

practices of FCM and Defendant Taylor caused inadequate medical staffing, inadequate training, and reliance upon the judgment of persons other than qualified physicians, and psychiatrists to make medical decisions, refusal to provide required transport to needed off site medical facilities as required to treat decedent Cox all of which resulted in a policy of deliberate denial of access to the medical care decedent clearly required.

14.. At all times relevant hereto, Defendants Joyce Talley and Thomas L. Carroll, assumed a duty to insure efficient and effective delivery of health care to decedent Cox, and in spite of numerous inmate complaints, numerous inmate deaths due to "lengthy illnesses" and the identification of "medical issues" under the contract, both Thomas L. Carroll and Joyce Talley remained deliberately indifferent to the medical plight of inmates at Delaware Correctional Center, and to decedent Cox in particular by failing to order or require inmates to receive adequate, needed medical care when they had a duty to do so.

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15. In addition to the foregoing, the specific failure to provide access to required diagnostic care in the case of the decedent resulted from a contractual agreement between Defendant Taylor and FCM and the failure to insure efficient and effective medical care under the contract created a policy of deliberate indifference to the decedent's medical plight in violation of the proscriptions contained in the United States Constitution, amend. VIII.

16. In addition to the foregoing, the actions and inactions of the FCM staff, Defendants Taylor, Carroll and Talley with respect to the decedent, fell well below the accepted standard of care in correctional facilities. The failure to supervise, inspect, investigate or inquire concerning the declining condition of decedent Cox, coupled with voluminous medical grievances filed by the inmate population in general constitutes gross negligence under the circumstances and unconstitutional deliberate indifference to a serious medical need which became obvious in the specific case of decedent Cox.

17. At all times relevant hereto, Defendants Taylor, Talley, Carroll and FCM assumed a duty to insure efficient and effective delivery of health care to decedent Cox, and in spite of numerous inmate complaints, numerous inmate deaths due to "lengthy illnesses" and the identification of "medical issues" under the contract, Defendants Taylor, Talley and Carroll remained deliberately

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indifferent to the medical plight of inmates in general, and decedent Cox in particular by failing to order or require inmates to receive adequate, needed medical care when they had a duty to do so.

17. As a direct and proximate result of the actions and inactions of each of the defendants, jointly and severally as described above, the decedent was deprived of protections afforded under the United States Constitution, amend. VIII to be free of cruel and unusual punishment.

18. As a further result of the conduct as described above, decedent suffered intense pain, humiliation, immobilization, confusion, anxiety, frustration, and fear until losing consciousness and ultimately, his life, over a period of four or more months.

19. As a further result of the conduct described above, the decedent suffered loss of earnings for the remainder of his expected life.

WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally together with punitive damages, as determined by the fact finder and assessment of costs and attorney fees.

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Respectfully submitted /s/__________________________ Jeffrey K. Bartels Kenneth William Richmond, pro hac vice 401 South Maryland Ave. Wilmington, DE 19804 302-995-6211

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CERTIFICATION

Kenneth William Richmond, Counsel for the Plaintiff in the foregoing action certifies that he has investigated the facts underlying the allegations contained in the attached Complaint and that each of the allegations set forth are true and correct according to his best information and belief.

Dated April 25, 2006

/s/_____________________________ Kenneth William Richmond 2019 Walnut Street Philadelphia, PA 19103 215-523-9200

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