4 Case Document 1 Filed 12/09/10 Page 1 of 13 PagelD 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE BERNICE JONES, Administratrix of the ESTATE OF VALERIE LYNNE JONES V. SOUTHERN HEALTH PARTNERS, INC. Serve: CT Corporation System 306 West Main Street Frankfort, KY 40601 And LARUE COUNTY Serve: Tommy Turner LaRue County Judge Executive LaRue County Courthouse 209 West High Street Hodgenville, KY 42748 And LARUE COUNTY DETENTION CENTER Serve: Ralph Trumbo LaRue County ailer LaRue County Jail Courthouse Annex 209 West High Street Hodgenville, KY 42748 And BRANDI HOWSON, in both her Of?cial and Individual Capacity Serve: Brandi Howson LaRue County Jail Courthouse Annex 209 West High Street Hodgenville, KY 42748 PLAINTIFF Case Document 1 Filed 12/09/10 Page 2 of 13 PagelD 2 And JOHN ADAMS, II, M.D., in both his Of?cial and Individual Capacity Serve: John Adams, II, M.D. Adams Medical Clinic 119 Memorial Drive Franklin, KY 42134 And MARIE FLEWWELLIN, in both her Of?cial and Individual Capacity Serve: Marie Flewwellin LaRue County Jail Courthouse Annex 209 West High Street Hodgenville, KY 42748 Marie Flewwellin 23 Park Avenue Hodgenville, KY 42748 And RALPH TRUMBO, in both his Of?cial and DEFENDANTS Individual Capacity Serve: Ralph Trumbo LaRue County ailer LaRue County Jail Courthouse Annex 209 West High Street Hodgenville, KY 42748 COMPLAINT WITH JURY DEMAND The Plaintiff, Bernice Jones, Administratrix of the Estate of Valerie Lynne Jones, by and through counsel, for her Complaint with Jury Demand, alleges as follows: Case Document 1 Filed 12/09/10 Page 3 of 13 PagelD 3 I. Introduction 1. This case arises from violations of 42 U.S.C. 1983 and various state common law claims that resulted in the wrongful death of Valerie Lynne Jones on January 28, 2010, while she was in the custody of the LaRue County Detention Center. 11. Jurisdiction and Venue 2. Jurisdiction is conferred upon this Court by 28 U.S.C. 1331, which provides for original district court jurisdiction over cases presenting federal questions. 3. Jurisdiction over the state law claims is conferred upon this Court by 28 U.S.C. 1367, which provides for supplemental jurisdiction over state law claims which are so related to the federal law claims that they form one case or controversy for Article purposes. 4. Venue in this district is proper pursuant to 28 U.S.C. 1391. Parties 5. Plaintiff, Bernice Jones is a resident of Pulaski County, Kentucky. She was appointed as Administratrix of the Estate of Valerie Lynne Jones by the Pulaski County District Court on April 12, 2010 and a copy of the appointment is attached as Exhibit 1. 6. Defendant, Southern Health Partners, Inc. is a for?pro?t Foreign Corporation whose principal office is located at 811 Broad Street 500, Chattanooga, Tennessee 37402. Upon information and belief Defendant, Southern Health Partners has a contract with one or more of the other defendants to provide health care services to inmates housed at the LaRue County Detention Center. Southern Health Partners was responsible for the establishment of medical policies either formally or by custom and was responsible for the employment, training, supervision and conduct of the health care professionals at the LaRue County Detention Center. Case Document 1 Filed 12/09/10 Page 4 of 13 PageID 4 7. Defendant, LaRue County at all times mentioned herein, employed, was responsible for the establishment of policies either formally or by custom for, and was responsible for the employment, training, supervision and conduct of, the of?cers and employees of the LaRue County Detention Center. 8. Defendant, LaRue County Detention Center at all times mentioned herein, employed, was responsible for the establishment of policies either formally or by custom for, and was responsible for the employment, training, supervision and conduct of, the of?cers and employees of the LaRue County Detention Center. 9. Defendant Brandi Howson at all relevant times was a licensed practical nurse responsible for providing the daily health care needs of female prisoners at the LaRue County Detention Center. Upon information and belief Defendant Brandi Howson was employed by one or more of the named defendants. Defendant Brandi Howson participated in the mistreatment of the decedent, Valerie Jones, described below in her individual and/ or of?cial capacity. 10. Defendant John Adams, H, MD. at all relevant times was a medical doctor responsible for providing for the health care needs of female prisoners at the LaRue County Detention Center. Defendant John Adams, 11, MD. was also responsible for the establishment of medical policies either formally or by custom and was responsible for the employment, training, supervision and conduct of the health care professionals at the LaRue County Detention Center. Defendant John Adams, II, M.D. participated in the mistreatment of the decedent, Valerie Jones, described below in his individual and/0r of?cial capacity. ll. Marie Flewwellin was at all relevant times a Deputy ailer at the LaRue County Detention Center. Defendant Marie Flewwellin participated in the mistreatment of Valerie Jones described below in her individual and/ or in her official capacity. Case Document 1 Filed 12/09/10 Page 5 of 13 PageID 5 12. Ralph Trumbo was at all relevant times the ailer at the LaRue County Detention Center and employed, was responsible for the establishment of policies either formally or by custom for, and was responsible for the employment, training, supervision and conduct of, the of?cers and employees of the LaRue County Detention Center in his individual and/or of?cial capacity. IV. Facts Plaintiff?s Decedent, Valerie Lynne Jones? Background 13. Plaintiff? Decedent, Valerie Lynne Jones (?Decedent Jones?) received an Honorable Discharge from the United States Army on October 30, 1983. Decedent Jones? service to her Country left her physically unable to work and she received a disability pension from the United States. Due to her status as a disabled veteran Decedent Jones was entitled to receive medical treatment at the VA Medical Center in Lexington, Kentucky at no charge. Prior to her incarceration Decedent Jones treated at the VA Medical Center in Lexington, Kentucky for a variety of medical problems including a history of heart disease, high blood pressure, diabetes, obesity and high cholesterol. 14. On June 18, 2009, Decedent Jones pled guilty to Traf?cking in Marijuana, over 8 ounces, less than 5 pounds, 1St Offense. On or about September 17, 2009, Decedent Jones was sentenced to 5 years in prison. Decedent Jones was eligible for Parole in June of 2010. 15 . Decedent Jones began serving her sentence on September 17, 2009. She was initially sent to the Pulaski County Detention Center. Decedent Jones medical providers at the VA Medical Center provided the Pulaski County Detention Center with information concerning her medical conditions. On or about December 2, 2009, Decedent Jones was transferred to the LaRue County Detention Center. Defendant Southern Health Partners (?Defendant Case Document 1 Filed 12/09/10 Page 6 of 13 PagelD 6 provides medical services for prisoners incarcerated at the LaRue County Detention Center. Defendant medical records contained the information about Decedent Jones? medical conditions that were provided by her medical providers from the VA Medical Center. Decedent Jones? Medical Condition at the LaRue County Medicai Center 16. Beginning on or about December ll, 2009, and continuing through the date of her death on January 28, 2010, Decedent Jones complained about pain in her left shoulder, hands and leg. She also had intermittent complaints about dizziness during that time period. Before December 11, 2009, Decedent Jones was taking 800mg of ibuprofen two times per day. 17. Defendant, Brandi Howson, LPN (?Defendant Nurse Howson?) saw Decedent Jones on December 11, 17 and 29, 2009, and January 15 and 25, 2009. Decedent Jones told Defendant Nurse Howson that the pain in her left shoulder, hand and arm was keeping her awake at night, crying in pain. On at least one occasion Decedent Jones described the pain as a on a scale of to 10. On another occasion Decedent Jones asked Defendant Nurse Howson if she could go to the hospital for the pain in her left should and hand and that, at times, she felt like she was having a heart attack. 18. On each occasion that Defendant Nurse Howson saw Decedent Jones for her left shoulder and hand pain, she would tell Decedent Jones to continue her ibuprofen, use heat and ice and do stretching exercise. On December 29, 2009, Defendant Nurse Howson told Decedent Jones she could use Baclofen, a muscle rub two times per day. Defendant Nurse Howson observed that Decedent Jones did not appear to have any restriction on moving her left arm, reaching for objects or show any facial grimaces when she moved her left arm. Defendant Nurse Howson decided whether or not inmates could see the doctor. It was not until January 25, 2010 . Case Document 1 Filed 12/09/10 Page 7 of 13 PagelD 7 that Defendant Nurse Howson set up a doctor?s appointment for Decedent Jones on the doctor?s next visit. Decedent Jones never got to see the doctor. Decedent Jones died on January 28, 2010. 19. At approximately 4:30 am on January 28, 2010, Decedent Jones? cellmates told Defendant Deputy ailer Marie Flewwellin (?Defendant Deputy Flewwellin?) that Decedent Jones was sick and they needed to take her out of the cell and up to the Deputy Jailer?s station so they could watch her. Defendant Deputy Flewwellin refused to move Decedent Jones and said Decedent Jones was doing it for attention. Decedent Jones condition continued to deteriorate. She started to have trouble breathing; she vomited and had a bowel movement. The cellmates continued to ask Defendant Deputy Flewwellin to help Decedent Jones. At approximately 5:20 am Defendant Deputy Flewwellin responded that if she ?came in there that I would be puking with her.? Rather than call the LaRue County EMS, Defendant Deputy Flewwellin called Defendant Nurse Howson. 20. At approximately 5:30 am Defendant Deputy Flewwellin spoke to Defendant Nurse Howson on the phone. Defendant Nurse Howson said that Decedent Jones ?has been building up to this all week.? Defendant Nurse Howson advised Defendant Deputy Flewwellin to check Decedent?s 02 level with the 02 monitor. Defendant Deputy Flewwellin did not know how to check Decedent?s 02 level with the 02 monitor. Decedent Jones condition continued to deteriorate. 21. At approximately 6:00 am, Defendant Nurse Howson arrived at the LaRue County Detention Center to assess Decedent Jones. At that time, Decedent Jones was still able to move her eyes and roll over. Her skin was moist and clammy and she was pale. Defendant Nurse Howson then went to get the blood sugar monitor. When she returned Decedent Jones Case Document 1 Filed 12/09/10 Page 8 of 13 PagelD 8 was unresponsive, her blood sugar was at 455 and her breathing was shallow. At that time 911 was called and CPR was started. The LaRue County EMS arrived on the scene at approximately 6:16 am. Decedent Jones was unresponsive, her pupils were dilated and non?reactive, her extremities were cold to touch and she did not have a pulse. The LaRue County EMS records indicate that their primary impression of Decedent ones? condition was cardiac arrest. The LaRue County EMS continued CPR and transported Decedent Jones to Hardin Memorial Hospital where she was pronounced dead at approximately 7:04 am. 22. An autopsy was performed on January 28, 2010 and revealed that Ms. Jones died due to an acute myocardial infarction, secondary to atherosclerotic cardiovascular disease. Policies and Customs at the LaRue County Detention Center Concerning Prisoners with Severe Medical Problems 23. At the time Decedent Jones was incarcerated at the LaRue County Detention Center, Defendant Defendant LaRue County?s, Defendant LaRue County Detention Center?s, Defendant Dr. Adams and Defendant ailer Ralph Trumbo?s (?Institutional Defendants?) policy or custom was to not allow inmates to see medical doctors without going through Defendant Nurse Howson. It was also the Institutional Defendants? policy or custom to not allow Deputy ailers to (32111 the LaRue County EMS for emergency transport of an inmate without going through Defendant Nurse Howson. These policies caused a fatal delay in getting Decedent Jones the treatment she needed. These policies or customs constitute deliberate indifference to whether a prisoner lives or dies because she did not get the necessary medical care. 24. Alternatively, the Institutional Defendants? Policy concerning what a deputy jailer should do if a prisoner with a severe medical conditions requires transportation to a hospital with an emergency department, was to have no policy and provide no guidance to a Deputy ailer who . Case Document 1 Filed 12/09/10 Page 9 of 13 PageiD 9 is aware of an inmate with a sever medical condition. This iack of a policy exhibits deliberate indifference to whether prisoners receive appropriate and necessary emergency medical attention. 25. The Institutional Defendants provided no training or inadequate training concerning what a Deputy Jailer should do in the event that a prisoner had a. severe medical condition or emergency. The Institutional Defendants policy or custom is that training staff to deal with prisoners with severe medical problems is unnecessary. The Institution Defendants were deliberately indifferent in their policies and customs, including but not limited to inadequate training in dealing with prisoners with severe medical problems. 26. The Institutional Defendants deliberate indifference caused the death of Decedent Jones. Defendants? Medical Treatment of Decedent Jones 27. The medical records supplied to Defendant SHP details Decedent Jones medical history; including diabetes, high blood pressure, high cholesterol, and a prior stroke. On examination Defendant Nurse Howson also found out that Decedent Jones had a prior hysterectomy. These are well recognized risk factors for a heart attack or heart disease in females. 28. Decedent Jones complained of pain in her left shoulder and arm for over one and oneuhalf months. The pain did not respond to ibuprofen, heat and ice, stretching or a prescription muscle rub. She also had intermittent dizziness over this same time period. These indicated that Ms. Jones had heart disease and was in danger of having a fatal heart attack or was actually having a heart attack. Defendant Nurse Howson failed to refer Decedent Jones to a doctor or request medical tests that would have indicated that Decedent Jones was having Case Document 1 Filed 12/09/10 Page 10 of 13 PagelD 10 problems with her heart or a heart attack. Defendant Nurse Howson was acting under color of state law. Defendant Nurse Howson's actions were deliberately indifferent or alternatively below the applicable medical standard of care for a nurse in her position. Defendant Nurse Howson?s deliberately indifferent and/or negligent actions caused Decedent ones? death. 29. Defendant John Adams, H, MD. (?Defendant Dr. Adams?) voluntarily became the doctor for inmates at the LaRue County Detention Center. Part of Defendant Dr. Adams? job was to oversee the administration of health care in the jail. 30. Incarcerated individuals do not have the liberty of telling family or friends that they are ill or go to an emergency room at will. They rely on health professionals who are trained and quali?ed to make health care decisions for them. 31. It was Defendant Dr. Adams responsibility, knowing the limited training of deputy jailers and licensed practical nurses to make rounds on a regular basis for inmates with complaints about their health. It was Defendant Dr. Adams responsibility to make sure policies and procedures regarding medical patients were properly in place and were actually followed. It was Defendant Dr. Adams responsibility to identify all inrnates? medical conditions and monitor them for any changes. Defendant Dr. Adams role as a doctor at the LaRue County Medical Center required active participation in the inmates? medical care, not delegation to untrained individuals. Defendant Dr. Adams should have created procedures to determine when a situation requires immediate attention that the Deputy Jailers and/or licensed practical nurses could follow in the event of a medicai emergency. As the doctor for the LaRue County Detention Center, Dr. Adams was the ?captain of the ship? and was responsible for all shortcomings in the rendering or providing of medical care to the inmates of the LaRue County Detention Center, including the failure of Defendant Nurse Howson to properly evaluate Decedent I ones. 10 Case Document 1 Filed 12/09/10 Page 11 of 13 PagelD 11 32. Defendant Dr. Adams acted under color of state law. His actions and inactions discussed above exhibited deliberate indifference for Decedent Jones? medical care, health and well being causing her death. Alternatively, Dr. Adams actions and inactions constituted negligence causing her death. V. Count 1 Cruel and Unusual Punishment 33. The Defendants? conduct individually or collectively constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution. In addition, such conduct constituted a deprivation of Decedent Jones? Due Process rights under the Fourteenth Amendment to the United States Constitution and violated Decedent Jones? rights under the Civil Rights Act of 1871, 42 U.S.C. 1983. 34. The Defendants? conduct individually or collectively was a deprivation, under color of state law, of rights guaranteed to Decedent Jones under the Eighth and Fourteenth Amendments to the United States Constitution. 35. As a result of the Defendants? conduct, individually orcollectively, Decedent Jones endured pain and suffering, a loss of her earning capacity and incurred burial and funeral expenses, resulting from her untimely death. VI. Count II Medical Negligence 36. Defendant SHP, Defendant Dr. Adams and Defendant Nurse Howson, owed a duty of care to Decedent Jones. 37. These Defendants breached their duty to Decedent Jones. 38. As a result of these Defendants breach of duty, Decedent Jones endured pain and suffering, a loss of her earning capacity and incurred burial and funeral expenses, resulting from her untimely death. 11 (Case Document 1 Filed 12/09/10 Page 12 of 13 PagelD 12 39. These Defendants breach of duty not only constitutes negligence, but also gross negligence. VII. Prayer for Relief 40. Wherefore, Plaintiff demands as follows: A. B. For a trial by jury; For compensatory damages in a fair and reasonable amount; For punitive damages against all defendants for their deliberate indifference and gross negligence; For attorney fees pursuant to 42 U.S.C. 1988; For costs incurred in this action; For post judgment interest; and For any other relief the Court deems just and proper. Respectfully submitted, Hum?eet Law, PLC /s/D erek D. Hum?eet Derek D. Hum?eet, Esq. 110 East Third Street Lexington, KY 40508 p. 859.402.0724 f. 859.402.0758 6. and Ward Hooker Thornton, PLLC /s/James B. Compton James B. Compton, Esq. The World Trade Center 333 West Vine Street, Suite 1100 Lexington, KY 40507 p. 859.422.6000 12 zCase Document 1 Filed 12/09/10 Page 13 of 13 PageiD 13 f. 859.422.6001 6. icompton@wht1aw.com 13