Latest news with #LaPlataCounty
Yahoo
14 hours ago
- Health
- Yahoo
'I'm gonna die': Inmate described sharp pain before 'gruesome' jail death, lawsuit says
The family of a Colorado man whose final minutes saw him cry for help as he was throwing up blood in a southwestern Colorado jail filed suit against the county and the jail's medical provider on July 21. The estate of Daniel Foard called the 32-year-old's 2023 death at the La Plata County Jail "gruesome and entirely preventable" in a complaint filed in the United States District Court for Colorado. "The final 15-plus hours of his life were dominated by terrible pain and suffering, including his expressed and doubtlessly terrifying consciousness of his impending death," the complaint reads. Jail cell video obtained by USA TODAY shows Foard throwing up coffee-ground like vomit and begging officers for medical attention. Foard died from acute peritonitis due to a perforated duodenal ulcer, according to the complaint. "We spend a lot of time thinking about deliberate indifference and it's a really, really hard concept to explain," Dan Weiss, one of the estate's lawyers told USA TODAY in an interview ahead of the filing. "This case right here is one of the clearest illustrations of that concept we have ever seen." The lawsuit names La Plata County, the county's Sherriff Sean Smith, the jail's medical provider Southern Health Partners, and eight nurses and jail employees as defendants. Ted Holteen, a spokesperson for La Plata County, told USA TODAY in a statement the "county has not analyzed the allegations made in the complaint" and that it does not comment on pending litigation. USA TODAY reached out to the sheriff and Southern Health Providers ahead of the filing and did not receive a response. "Our pain of loss is immeasurable, but we know that the path forward must lead to healing, to resolution, to something that allows us to take a deep breath and feel a sense of closure," Jim Foard and Susan Gizinski, Daniel's parents, said in a statement provided to USA TODAY. "Without any accountability for what happened to our son, there can be no closure." Boulder jail death: Colorado family sues after man dies from infection in jail in his 'blood and vomit' August 2023: Daniel Foard enters La Plata County jail Foard was booked into La Plata County jail on August 11, 2023. He was being held on warrants for failure to appear, a jail supervisor told the Durango Herald at the time of Foard's death and the estate's lawyers confirmed in the interview. Foard told nurses at the jail that he regularly took fentanyl pills during the intake process and was placed in the jail's detoxification program. During his time in the program, he had some vomiting and diarrhea that soon went away. But an elevated heart rate, fast breathing and high blood pressure continued, according to the complaint. During a routine body scan around 9:45 p.m. on Aug. 15, 2023, before he was to be moved to general population housing, Foard collapsed to the floor multiple times, according to the complaint. The complaint alleges that a jail deputy mouthed to another that Foard was "faking." Denver police recruit recalls 'hazing': 'I'll never be the person that I was' Later that night, nurse Ashley Box concluded that Foard was stable and could be transferred to general population. He was moved to the jail's G block, according to the complaint. USA TODAY reached out to a publicly listed phone number for Box and did not receive a response. Deputies tasked with escorting Foard told Box that he was "really struggling." Box responded by asking, "what do you think?" The complaint alleges that Box did not go to see Foard or relay his condition to a doctor. "Box chose to rely on a medically untrained Deputy to tell her how her patient was doing, but then disregarded what she reported," the complaint reads. The next day: Foard's condition worsens The next morning, on Aug. 16, 2023, Foard fell into his cell door twice when he went to retrieve breakfast, according to the complaint. A deputy asked him to step out to be seen by the jail's medical personnel. "Over the course of the (previous) night, he vomited repeatedly and continually complained of stomach pain," the complaint reads. "He called deputies from the cell's call box several times, telling them that he was sick, his stomach was hurting, and that he wanted to be seen by medical." The complaint notes that the last time Foard's vital signs were taken was 3:27 a.m., around the time he was moved into general population. 'Don't hurt us!' Denver police 'terrorized' family when they raided wrong apartment: Lawsuit When he stepped out of the cell, he was only able to take a few steps before needing to sit on the ground because "he obviously could not safely ambulate, stand, or maintain balance," the complaint states. The lone registered nurse in the jail at the time, Sierra Snooks, responded the call for help. She charted that Foard reported an intense, "sharp" and "shooting" abdominal pain that was a "10" on a 1-10 scale, according to the complaint. Foard told her that the symptoms did not feel like those from withdrawal. Snooks told Foard that she was initially concerned about appendicitis, but that she had decided that the pain wasn't in the right place to be appendicitis, so they would "monitor" him in the jail's booking area. The complaint states that registered nurses are prohibited by licensure from diagnosing or ruling out appendicitis. It alleges the symptoms reported by Foard required Snooks to call a doctor, and that she did not. "Ten-out-of-10 sharp, shooting, and persisting abdominal pain is unquestionably a serious medical emergency. These symptoms mandate immediate provider involvement," the complaint reads. USA TODAY reached out to a publicly listed email for Snooks and did not receive a response. Foard was moved by Snooks to the jail's booking area for medical monitoring. The complaint alleges the medical monitoring never happened. "Snooks did not even communicate with any of the Deputies why Mr. Foard was being moved back to be monitored," the complaint reads. "The next time a nurse came to see him he was dead." Daniel Foard's final hours Foard was placed in Holding Cell 4 around 7 a.m. on Aug. 16 and continued vomiting through the day. By 6 p.m., Foard was moved to Holding Cell 5 due to vomit in the first cell. Snooks left the jail in a shift change around 6 p.m., with Box coming on duty. Foard was seen pouring the soup he had been served into cell's the toilet, drinking the mixture and regurgitating it immediately, according to the complaint. By 6:40 p.m. Foard was moved to Holding Cell 6, once again for vomit. He is seen on video crawling into the cell and falling to the floor. Foard continued to call for help, including cries of "vomiting blood" and "I'm in a lot of pain" that are heard on the cell video. He also yelled, "I'm gonna die," according to the complaint. A jail sergeant is heard on video telling Foard to hit the grate in the cell because they, "can't keep switching (him) out to clean." The sergeant later told Foard, "I don't know if you can comprehend what I'm saying…I can't just jump every time…if you keep yellin'. I hear you, but there's not a whole lot I can do." The complaint alleges that Box did "walk-bys" of Foard's cell but did not assess the inmate as he was crying for help. At approximately 9:49 p.m., Box banged on the door of Holding Cell 6 to no response. When deputies opened the door, they found Foard dead in a pool of his own bloody vomit, according to the complaint. The lawsuit says an autopsy found Foard had "a liter of cloudy brown fluid in his peritoneal cavity," stomach fluid in his respiratory system, and that his stomach contained dark brown fluid. Foard was found to have fentanyl still in his system, Mike Arnall, a forensic pathologist who performed the autopsy, told the Durango Herald at the time, but said that "the greater problem was a belly full of pus." "As the surgeon would say, that's a surgical problem with a surgical cure – meaning there's only one way you're going to cure that, and that's with surgery,' Arnall told the newspaper. Lawsuit points at jail's medical service provider Documents included in the filing show that Southern Health Partners was chosen by La Plata County after significantly underbidding its competitor. The lawsuit quotes a 2023 email from La Plata County Sheriff's Office Detentions Division Commander Ed Aber that reads: "I have done some informal cost comparisons with other service providers that meet medical needs in other Colorado Jails, and our contracted price is significantly lower." The lawsuit points to five instances of jail deaths where Southern Health Partners were responsible for staffing, calling the medical provider and the county's practices "unconstitutional." Anna Holland Edward, a lawyer for the family, said the cost-cutting provider is a symptom of a larger disregard for inmate medical services. "For-profit healthcare is bad and complicated in a lot of ways anyway," Holland Edward told USA TODAY in an interview ahead of the filing. "But for-profit healthcare where the consumer is not the patient, it just leads to this recklessness over and over again because the person paying is prepared to cut some corners." Foard's parents said they want to see changes in the way inmates are treated at La Plata County jail. "Just basic training in having compassion for others would be a great start. But adding more staff is critical too," their statement reads. "More medical staff and a physician on-site would be beneficial, along with proper training. If Deputies are going to continue being used to monitor sick inmates, they must be trained also." "These elementary steps would have saved our son's life," Foard's parents said. This article originally appeared on USA TODAY: Daniel Foard described sharp pain before Colorado jail death: Lawsuit
The Independent
18 hours ago
- Health
- The Independent
Parents of man who died in Colorado jail say nurses, deputies ignored his pleas for 15 hours
The parents of a man who died alone in a Colorado jail cell after an ulcer burned a hole in his digestive tract and left him in what they said was excruciating pain for about 15 hours filed a federal lawsuit Monday, accusing the jail's nurses and sheriff's deputes of ignoring his cries for help. The lawsuit blames them, local government officials and Southern Health Partners for failing to stop the death of Daniel Foard in 2023 by taking him to the hospital. Foard, 32, was a cook at a brewpub and user of fentanyl who was arrested for failing to appear in court. After being segregated and monitored for withdrawal from the synthetic opioid, he began vomiting and complained of stomach pain after being put in a regular jail cell, it said. The lawsuit alleges Southern Health Partners — the Tennessee-based company they contracted with to provide health care at the La Plata County jail — has tried to maximize its profits at the jail by only having one nurse on duty at a time, leaving it to medically untrained deputies to monitor sick inmates. The company holds hundred of contracts at jails around the country and the lawsuit alleges that is has been involved in lawsuits related to the deaths of at least five other jail inmates nationally. The company's lawyer, Shira Crittendon, said she had not seen the lawsuit and declined to comment on it. The sheriff's office referred questions about the the lawsuit to a county spokesperson. In a statement, the county said it had not analyzed the allegations in the lawsuit and does not comment publicly on active litigation. Autopsy found Foard died because of an ulcer Foard was found dead in the jail on Aug. 17, 2023, six days after he was arrested. An autopsy found Foard died as a result of a hole created by an ulcer in his small intestine, which caused inflammation of the tissue lining his abdomen. Such ulcers can let food and digestive juices leak out of the body's digestive tract. Fentanyl was found in Foard's blood but the autopsy report did not name that as a cause of his death. Dr. Michael Arnall ruled Foard's death was due to natural causes. On Aug. 15, 2023, even though Foard had collapsed several times and had trouble standing, he was moved out of an area where he could be more easily observed for problems with his withdrawal and put into a regular jail cell, staggering as we went, the lawsuit said. The day nurse ignored a deputy's concern that he was very unstable, according to the lawsuit brought by lawyers Dan Weiss, Anna Holland Edwards, John Holland and Erica Grossman. After a deputy delivering breakfast on Aug. 16, 2023 saw that Foard repeatedly fell while trying to get his tray, the jail's day nurse came to check on him, it said. She recorded that Foard reported he had sharp, shooting pain that was a '10' on a scale of one to 10, but she did not call for a doctor or send him to the hospital, it said. The nurse moved Foard to an empty cell where he could be monitored but didn't tell deputies what he was being monitored for and didn't order any follow up care or check on him, it said. He vomited all day and was moved to another cell and then a third because they had all become so messy with vomit, it said. Surveillance video showed him crawling to the final cell, where it said he continuously called out for help and yelled that he needed to go to a hospital, saying he was vomiting blood. The lawsuit claims that no one responded to his pleas but one deputy could be heard on surveillance video telling him to 'try to hit that drain' with his vomit to keep the cell from becoming dirty. Another nurse, working the evening shift, only walked by his cell and glanced inside, but did not assess him or provide care as he was pleading for help, the lawsuit said. When she did enter his cell around 10 p.m., Foard was dead, it said. She told state investigators that vomiting was normal for people withdrawing from fentanyl. State authorities investigated Foard's death The day shift nurse later told a state investigator that it was not unusual that Foard would not have had his vital signs checked for 12 hours because of the number of inmates the jail's nurses need to provide care, according to a report from an investigation by the Colorado Bureau of Investigations. She also said she didn't think there was anything different she could have done based on Foard's symptoms. The bureau's findings were forwarded to the 6th District Attorney's Office, which would decide whether any criminal charges were warranted in connection with Foard's death. It's not known whether the office decided to pursue any charges. A telephone message and email sent to District Attorney Sean Murray were not immediately returned. In a statement, Jim Foard and Susan Gizinski said they want everyone to know about their son's ordeal both to hold those they say are responsible for his death accountable and to change how inmates are treated at the jail. 'Just basic training in having compassion for others would be a great start. But adding more staff is critical too,' they said.
Al Arabiya
18 hours ago
- Health
- Al Arabiya
Parents Of Man Who Died In Colorado Jail Say Nurses, Deputies Ignored His Pleas For 15 Hours
The parents of a man who died alone in a Colorado jail cell after an ulcer burned a hole in his digestive tract and left him in what they said was excruciating pain for about 15 hours filed a federal lawsuit Monday, accusing the jail's nurses and sheriff's deputies of ignoring his cries for help. The lawsuit blames local government officials and Southern Health Partners for failing to stop the death of Daniel Foard in 2023 by taking him to the hospital. Foard, 32, was a cook at a brewpub and user of fentanyl who was arrested for failing to appear in court. After being segregated and monitored for withdrawal from the synthetic opioid, he began vomiting and complained of stomach pain after being put in a regular jail cell, it said. The lawsuit alleges Southern Health Partners – the Tennessee-based company they contracted with to provide health care at the La Plata County jail – has tried to maximize its profits at the jail by only having one nurse on duty at a time, leaving it to medically untrained deputies to monitor sick inmates. The company holds hundreds of contracts at jails around the country, and the lawsuit alleges that it has been involved in lawsuits related to the deaths of at least five other jail inmates nationally. The company's lawyer, Shira Crittendon, said she had not seen the lawsuit and declined to comment on it. The sheriff's office referred questions about the lawsuit to a county spokesperson. In a statement, the county said it had not analyzed the allegations in the lawsuit and does not comment publicly on active litigation. Foard was found dead in the jail on Aug. 17, 2023, six days after he was arrested. An autopsy found Foard died as a result of a hole created by an ulcer in his small intestine, which caused inflammation of the tissue lining his abdomen. Such ulcers can let food and digestive juices leak out of the body's digestive tract. Fentanyl was found in Foard's blood, but the autopsy report did not name that as a cause of his death. Dr. Michael Arnall ruled Foard's death was due to natural causes. On Aug. 15, 2023, even though Foard had collapsed several times and had trouble standing, he was moved out of an area where he could be more easily observed for problems with his withdrawal and put into a regular jail cell, staggering as we went, the lawsuit said. The day nurse ignored a deputy's concern that he was very unstable, according to the lawsuit brought by lawyers Dan Weiss, Anna Holland Edwards, John Holland, and Erica Grossman. After a deputy delivering breakfast on Aug. 16, 2023, saw that Foard repeatedly fell while trying to get his tray, the jail's day nurse came to check on him, it said. She recorded that Foard reported he had sharp shooting pain that was a 10 on a scale of one to 10, but she did not call for a doctor or send him to the hospital, it said. The nurse moved Foard to an empty cell where he could be monitored but didn't tell deputies what he was being monitored for and didn't order any follow up care or check on him, it said. He vomited all day and was moved to another cell and then a third because they had all become so messy with vomit, it said. Surveillance video showed him crawling to the final cell where it said he continuously called out for help and yelled that he needed to go to a hospital, saying he was vomiting blood. The lawsuit claims that no one responded to his pleas, but one deputy could be heard on surveillance video telling him to try to hit that drain with his vomit to keep the cell from becoming dirty. Another nurse working the evening shift only walked by his cell and glanced inside but did not assess him or provide care as he was pleading for help, the lawsuit said. When she did enter his cell around 10 p.m., Foard was dead, it said. She told state investigators that vomiting was normal for people withdrawing from fentanyl. The day shift nurse later told a state investigator that it was not unusual that Foard would not have had his vital signs checked for 12 hours because of the number of inmates the jail's nurses need to provide care, according to a report from an investigation by the Colorado Bureau of Investigations. She also said she didn't think there was anything different she could have done based on Foard's symptoms. The bureau's findings were forwarded to the 6th District Attorney's Office, which would decide whether any criminal charges were warranted in connection with Foard's death. It's not known whether the office decided to pursue any charges. A telephone message and email sent to District Attorney Sean Murray were not immediately returned. In a statement, Jim Foard and Susan Gizinski said they want everyone to know about their son's ordeal, both to hold those they say are responsible for his death accountable and to change how inmates are treated at the jail. Just basic training in having compassion for others would be a great start. But adding more staff is critical too, they said.
Yahoo
19 hours ago
- Health
- Yahoo
Parents of man who died in Colorado jail say nurses, deputies ignored his pleas for 15 hours
DENVER (AP) — The parents of a man who died alone in a Colorado jail cell after an ulcer burned a hole in his digestive tract and left him in what they said was excruciating pain for about 15 hours filed a federal lawsuit Monday, accusing the jail's nurses and sheriff's deputes of ignoring his cries for help. The lawsuit blames them, local government officials and Southern Health Partners for failing to stop the death of Daniel Foard in 2023 by taking him to the hospital. Foard, 32, was a cook at a brewpub and user of fentanyl who was arrested for failing to appear in court. After being segregated and monitored for withdrawal from the synthetic opioid, he began vomiting and complained of stomach pain after being put in a regular jail cell, it said. The lawsuit alleges Southern Health Partners — the Tennessee-based company they contracted with to provide health care at the La Plata County jail — has tried to maximize its profits at the jail by only having one nurse on duty at a time, leaving it to medically untrained deputies to monitor sick inmates. The company holds hundred of contracts at jails around the country and the lawsuit alleges that is has been involved in lawsuits related to the deaths of at least five other jail inmates nationally. The company's lawyer, Shira Crittendon, said she had not seen the lawsuit and declined to comment on it. The sheriff's office referred questions about the the lawsuit to a county spokesperson. In a statement, the county said it had not analyzed the allegations in the lawsuit and does not comment publicly on active litigation. Autopsy found Foard died because of an ulcer Foard was found dead in the jail on Aug. 17, 2023, six days after he was arrested. An autopsy found Foard died as a result of a hole created by an ulcer in his small intestine, which caused inflammation of the tissue lining his abdomen. Such ulcers can let food and digestive juices leak out of the body's digestive tract. Fentanyl, a synthetic opioid, was found in Foard's blood but the autopsy report did not name that as a cause of his death. Dr. Michael Arnall ruled Foard's death was due to natural causes. On Aug. 15, 2023, even though Foard had collapsed several times and had trouble standing, he was moved out of an area where he could be more easily observed for problems with his withdrawal and put into a regular jail cell, staggering as we went, the lawsuit said. The day nurse ignored a deputy's concern that he was very unstable, according to the lawsuit brought by lawyers Dan Weiss, Anna Holland Edwards, John Holland and Erica Grossman. After a deputy delivering breakfast on Aug. 16, 2023 saw that Foard repeatedly fell while trying to get his tray, the jail's day nurse came to check on him, it said. She recorded that Foard reported he had sharp, shooting pain that was a '10' on a scale of one to 10, but she did not call for a doctor or send him to the hospital, it said. The nurse moved Foard to an empty cell where he could be monitored but didn't tell deputies what he was being monitored for and didn't order any follow up care or check on him, it said. He vomited all day and was moved to another cell and then a third because they had all become so messy with vomit, it said. Surveillance video showed him crawling to the final cell, where it said he continuously called out for help and yelled that he needed to go to a hospital, saying he was vomiting blood. The lawsuit claims that no one responded to his pleas but one deputy could be heard on surveillance video telling him to 'try to hit that drain' with his vomit to keep the cell from becoming dirty. Another nurse, working the evening shift, only walked by his cell and glanced inside, but did not assess him or provide care as he was pleading for help, the lawsuit said. When she did enter his cell around 10 p.m., Foard was dead, it said. She told state investigators that vomiting was normal for people withdrawing from fentanyl. State authorities investigated Foard's death The day shift nurse later told a state investigator that it was not unusual that Foard would not have had his vital signs checked for 12 hours because of the number of inmates the jail's nurses need to provide care, according to a report from an investigation by the Colorado Bureau of Investigations. She also said she didn't think there was anything different she could have done based on Foard's symptoms. The bureau's findings were forwarded to the 6th District Attorney's Office, which would decide whether any criminal charges were warranted in connection with Foard's death. It's not known whether the office decided to pursue any charges. A telephone message and email sent to District Attorney Sean Murray were not immediately returned. In a statement, Jim Foard and Susan Gizinski said they want everyone to know about their son's ordeal both to hold those they say are responsible for his death accountable and to change how inmates are treated at the jail. 'Just basic training in having compassion for others would be a great start. But adding more staff is critical too,' they said.
Yahoo
19 hours ago
- Health
- Yahoo
Parents of man who died in Colorado jail say nurses, deputies ignored his pleas for 15 hours
DENVER (AP) — The parents of a man who died alone in a Colorado jail cell after an ulcer burned a hole in his digestive tract and left him in what they said was excruciating pain for about 15 hours filed a federal lawsuit Monday, accusing the jail's nurses and sheriff's deputes of ignoring his cries for help. The lawsuit blames them, local government officials and Southern Health Partners for failing to stop the death of Daniel Foard in 2023 by taking him to the hospital. Foard, 32, was a cook at a brewpub and user of fentanyl who was arrested for failing to appear in court. After being segregated and monitored for withdrawal from the synthetic opioid, he began vomiting and complained of stomach pain after being put in a regular jail cell, it said. The lawsuit alleges Southern Health Partners — the Tennessee-based company they contracted with to provide health care at the La Plata County jail — has tried to maximize its profits at the jail by only having one nurse on duty at a time, leaving it to medically untrained deputies to monitor sick inmates. The company holds hundred of contracts at jails around the country and the lawsuit alleges that is has been involved in lawsuits related to the deaths of at least five other jail inmates nationally. The company's lawyer, Shira Crittendon, said she had not seen the lawsuit and declined to comment on it. The sheriff's office referred questions about the the lawsuit to a county spokesperson. In a statement, the county said it had not analyzed the allegations in the lawsuit and does not comment publicly on active litigation. Autopsy found Foard died because of an ulcer Foard was found dead in the jail on Aug. 17, 2023, six days after he was arrested. An autopsy found Foard died as a result of a hole created by an ulcer in his small intestine, which caused inflammation of the tissue lining his abdomen. Such ulcers can let food and digestive juices leak out of the body's digestive tract. Fentanyl, a synthetic opioid, was found in Foard's blood but the autopsy report did not name that as a cause of his death. Dr. Michael Arnall ruled Foard's death was due to natural causes. On Aug. 15, 2023, even though Foard had collapsed several times and had trouble standing, he was moved out of an area where he could be more easily observed for problems with his withdrawal and put into a regular jail cell, staggering as we went, the lawsuit said. The day nurse ignored a deputy's concern that he was very unstable, according to the lawsuit brought by lawyers Dan Weiss, Anna Holland Edwards, John Holland and Erica Grossman. After a deputy delivering breakfast on Aug. 16, 2023 saw that Foard repeatedly fell while trying to get his tray, the jail's day nurse came to check on him, it said. She recorded that Foard reported he had sharp, shooting pain that was a '10' on a scale of one to 10, but she did not call for a doctor or send him to the hospital, it said. The nurse moved Foard to an empty cell where he could be monitored but didn't tell deputies what he was being monitored for and didn't order any follow up care or check on him, it said. He vomited all day and was moved to another cell and then a third because they had all become so messy with vomit, it said. Surveillance video showed him crawling to the final cell, where it said he continuously called out for help and yelled that he needed to go to a hospital, saying he was vomiting blood. The lawsuit claims that no one responded to his pleas but one deputy could be heard on surveillance video telling him to 'try to hit that drain' with his vomit to keep the cell from becoming dirty. Another nurse, working the evening shift, only walked by his cell and glanced inside, but did not assess him or provide care as he was pleading for help, the lawsuit said. When she did enter his cell around 10 p.m., Foard was dead, it said. She told state investigators that vomiting was normal for people withdrawing from fentanyl. State authorities investigated Foard's death The day shift nurse later told a state investigator that it was not unusual that Foard would not have had his vital signs checked for 12 hours because of the number of inmates the jail's nurses need to provide care, according to a report from an investigation by the Colorado Bureau of Investigations. She also said she didn't think there was anything different she could have done based on Foard's symptoms. The bureau's findings were forwarded to the 6th District Attorney's Office, which would decide whether any criminal charges were warranted in connection with Foard's death. It's not known whether the office decided to pursue any charges. A telephone message and email sent to District Attorney Sean Murray were not immediately returned. In a statement, Jim Foard and Susan Gizinski said they want everyone to know about their son's ordeal both to hold those they say are responsible for his death accountable and to change how inmates are treated at the jail. 'Just basic training in having compassion for others would be a great start. But adding more staff is critical too,' they said. Colleen Slevin, The Associated Press
