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The oldest daughter of a man who died in a Pennsylvania jail is pursuing a wrongful death lawsuit against Allegheny County and its healthcare contractor.
Frank S. suffered from chronic epileptic seizures and took daily medication to control them. He went to Allegheny County jail in January 2015 on charges of theft, forgery, conspiracy, and drug possession. While in custody at the jail, he began to show symptoms of a seizure. He was taken to a local medical center where he died early the next morning.
Now Tiara S., the oldest daughter of Frank’s nine children and the administrator of Frank’s estate, is suing Allegheny County, jail warden Orlando Harper, and the jail’s health care provider Corizon Health. Tiara says in her wrongful death lawsuit that the jail staff ignored Frank’s request for medication that would have controlled his seizures. She argues that the jail was on notice that Frank needed medication, as the jail had provided him that medication before during a previous arrest.
Jail documents show Frank had been lying on the floor with saliva and blood coming out of his mouth before jail guards handcuffed and shackled him. The documents state that Frank was aggressive and resisted the medical workers’ assistance. Tiara argues that Frank was simply having a seizure.
Tiara alleges the restraint significantly contributed to Frank’s death. The county medical examiner’s office state “physical restraint in prone position” was a “significant condition” related to his death. The manner of death has not been formally determined, however.
A representative of Corizon says the company’s employees ordered Frank’s medication within minutes of his arrival. The representative says Frank received those medications as prescribed and that Corizon staff administered additional treatment later in the evening.
Wrongful Death Lawsuits
Tiara’s wrongful death lawsuit is an example of the type of claim a victim’s survivors can bring when the victim’s death was allegedly the defendant’s fault. A wrongful death lawsuit seeks compensation for the harm suffered by the survivor as a result of the death of a loved one.
Which survivors can sue for wrongful death varies from state to state. All states allow the immediate family members – spouses, parents, and (as in Tiara’s case) children of the deceased – to bring a wrongful death claim. Some states also allow more distant family members, domestic partners, financial dependents, and “putative spouses” (persons who were not properly married to the deceased, but who had a good-faith belief that they were) to sue for wrongful death.
Tiara’s claim against the county and the warden may fail due to governmental immunity. Some governmental entities, whether corporate entities like the county or individuals like the warden, are immune from claims related to their governmental actions.
Compensation in wrongful death lawsuits are generally designed to cover all losses that flow from the death. These include medical and funeral expenses and the loss of the deceased’s earnings, benefits, or other financial support. Non-economic damages such as pain and suffering, emotional distress, and loss of the personal relationship with the deceased can also be compensated, even though a monetary value for those sorts of losses may not be readily quantifiable. Where the defendant’s conduct was especially blameworthy, punitive damages may also be appropriate.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
