FORT MYERS – The U.S. District Court for the Middle District of Florida recently denied a motion by the health care company providing services to Lee County Jail to dismiss a lawsuit that alleges the firm deliberately failed to provide health care and breach of contract with the county.
U.S. District Judge Sheri Chappell issued a 16-page ruling Sept. 13 in the lawsuit filed by Anita Andrews against Corizon Health Inc. and five other defendants.
According to court documents, "On the late evening of Nov. 6, 2012, (an election day) until the early morning of Nov. 7, 2012, plaintiff was a passenger in a pickup truck driven by her friend, Keith O’Bryant, undertaking post-election clean up by removing political signs from the public roadways and intersections." The same documents said that "around 1 a.m., Deputy Brandon Marshall with the Lee County Sheriff’s Office (LCSO) pulled O’Bryant’s truck over for a broken headlight."
Andrews refused to provide identification, and was immediately booked into Lee County Jail, with counts of loitering and prowling.
After arriving at the police station, Andrews' "right arm was swollen to twice its normal size due to the rough handling by the officers," court documents said.
She was told that "she could not leave until she identified herself before being placed in isolation," the documents said, adding that Andrews was "was disrobed, left barefoot with inadequate clothing in a freezing cold room, and without aid for her swollen arm and shoulders." She told her jailers that she "suffers from 'thick blood,' requiring continuing hydration and warm temperatures," the documents said. Andrews also stated that "without salt water and an aspirin, her blood could coagulate, and she could lose consciousness," and that " excessively cold temperatures in the jail could send her into shock,"
None of Andrews' requests were met and she was told by the officers that "receipt of medical assistance was conditioned on her stating her name," court filings said. She was refused aid allegedly because she did not state her name. No assistance was provided, despite multiple requests from Andrews, the filings said.
When Andrews "was released from the jail on Nov. 8, 2012, she was involuntarily committed to the Lee County Mental Health Hospital for an additional 72 hours of mandatory observation based on false reports from officers about her mental state," being released that same evening, the filings said.
After being discharged from the hospital, Andrews "experienced serious health related symptoms of post-traumatic stress, including nightmares, the inability to drive, refusal to leave her home, and panic attacks," as well as "flu-like symptoms with aches, fevers, and chills," the filings said.
Corizon's refusal to provide care led Andrews to suffer from bladder and kidney infections, filings said, and her medical damages are "severe and permanent and will require costly medical treatment."
In her ruling, Chappell said, "The amended complaint adequately states a claim for deliberate indifference under the 14th Amendment," that bans the state of depriving people of life without a due process of law.
Chappell also considered Andrew's health condition as something Corizon staff knew about.
"The court can reasonably infer that Andrews’ physical deterioration was not 'mere negligence' or 'accidental inadequacy' because the amended complaint avers that Andrews’ serious condition was known to medical staff and left wholly untreated by Corizon," Chappell said.