Award Will Provide Lifetime Care for Child with Cerebral Palsy
Beam & Raymond has again successfully represented and obtained a multi-million dollar
settlement for a child who was injured due to the deliberate indifference of her
serious medical condition.
Plaintiff, a minor, by and through her Conservator, filed a claim for damages
against Defendant, the County of Wayne, for violating her Constitutional
rights under the Fifth and Fourteenth Amendments, as well as the Civil
Rights Act, Title 42 of the United States Code, Section 1983.
The lawsuit arose out of Defendant County of Wayne's implementation,
adoption, and/or toleration of customs, practices, policies and/or procedures
which deprived minor-Plaintiff of medical attention for her serious medical
needs and, as a result, the County was deliberately indifferent to a substantial
risk of harm to minor-Plaintiff [Monell violation]. Plaintiff also claimed that the individual Defendants were
deliberately indifferent to the serious and blatantly obvious medical
needs of minor-Plaintiff's mother [hereinafter "Sandy"],
and her unborn baby, minor-Plaintiff.
In December, 1998, Sandy, a pregnant pretrial detainee, was awaiting trial
and incarcerated at Wayne County Jail. On or about December 2, 1998, Sandy
was diagnosed with pre-term labor at Wayne County Jail and was taken to
Hutzel Hospital. She was released from Hutzel Hospital two hours later.
Upon return to Wayne County Jail, Sandy was 2-3 cm dilated and having
contractions. She was placed in her locked cell, unmonitored.
There was no deputy or nurse within sight or sound of Sandy. Sandy's
water broke and her contractions increased. Despite her screams, and those
of all the other inmates on her 'rock,' it took almost two hours
before she could get any medical treatment. By the time a nurse came,
Sandy's baby was crowning. The nurses failed to even perform a basic
assessment of Sandy and the baby remained crowning until EMS came to the
facility and delivered the minor-Plaintiff.
From the time mother and baby were shipped back to Wayne County Jail at
or about midnight on December 3, 1998, there was no documentation and
no deposition testimony that any one of the Defendants ever did anything
to evaluate or care for mother or baby.
The case was settled for $8,000,000.00.