STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CIVIL ACTION 2016-CP-10- (j (a JAVON K. CURNELL, As Personal Representative of the Estate of JOYCE E. CURNELL, . Plaintiff, v. -- COMPLAINT I. 0? ?a CHARLESTON COUNTY and (Jury Tr?a] equated}; CHARLESTON COUNTY if: .. Defendants. The Plaintiff, Javon K. Cumell, as Personal Representative of the Estate of Joyce E. Curnell, deceased, complaining of the Defendants, Charleston County and Charleston County Sheriff?s Of?ce, would respectfully show unto this Honorable Court: PARTIES. JURISDICTION. AND VENUE l. The Plaintiff, avon K. Curneil, is a citizen and resident of the County of Charleston, State of South Carolina. Additionally, Javon K. Cornell is the duly appointed Personal Representative of the Estate of Joyce E. Cumell, having been so appointed by the Charleston County Probate Court on the 14th day of August, 2015, under case number 2. The Defendant, Charleston County, is a political subdivision of the State of South Carolina as de?ned in Section 15?78?1 0 et seq. of the Code of Laws of South Carolina (1985), as amended. At all times hereinafter mentioned in this complaint, this Defendant owned and/or operated the Charleston County Detention Center, and it acted or carried on its business by and through its agents, servants, and/or employees. Additionally, during the time period set out in the complaint, 101?9 these employees were operating within the scope of their of?cially assigned and/or compensated duties. 3. The Defendant, Charleston County Sheriff?s Of?ce, is a govermnental agency and/or political subdivision of the State of South Carolina, existing under the laws of the State of South Carolina (as de?ned by Section ?15-78-10 of the Code of Laws of South Carolina (1985), as amended) and has facilities located in the County of Charleston, South Carolina. At all times hereinafter mentioned in this complaint, the Defendant, Charleston County Sheriff?s Office, owned andfor operated the Charleston County Detention Center (hereinafter ?Detention Center?) and acted and carried on its business by and through its agents, servants, andlor employees, to include the of?cers working within the Charleston County Detention Center. Additionally, during the time period set out in the complaint, these employees were operating within the scope of their of?cially assigned and/or compensated duties. 4. The Plaintiff ?led a separate Notice of Intent to File Suit in a Medical Malpractice case on February 24, 2016 against the private medical provider, Carolina Center for Occupational Health, who has contracted to provide medical care within the Charieston County Detention Center, Civil Action Number: 1. The Plaintiff intends to consolidate these actions following the conclusion of the statutory requirements set forth in the South Carolina Medical Malpractice Act of2005. EASE 5. The acts and occurrences which give rise to this action occurred while the Decedent was in the care and custody of the Defendants. 6. The Plaintiff?s decedent, Joyce E. Cornell, was a 50 year~old female from Edisto Island, South Carolina with a history of sickle cell traits, chronic ethanolism, and hypertension. Zof9 7. Upon information and belief, at 12:08 pm. on July 21, 2015, Ms. Curnell presented Via Charleston County EMS to the emergency room at Roper St. Francis Hospital with complaints of nausea, vomiting, and diarrhea. While in the emergency room, lab Work was conducted anle hydration was administered. 8. Upon information and belief, Roper St. Francis Hospital Emergency Room physician, Kevin Price, MD, diagnosed Ms. Curnell with gastroenteritis, and hypertension. To help reduce the vomiting and nausea, Dr. Price prescribed Zofran ODT 4 mg Oral Tablet to be taken every 4 6 hours as needed. 9. During the course of her hospitalization, it was determined that Ms. Cornell had an outstanding bench warrant in connection with her alleged failure to pay a court ?ne in the amount of $1,148.90. Thereafter, Charleston County Sheriff?s Of?ce responded while Ms. Cornell was still a patient at Roper St. Francis Hospital and placed her under arrest. She was transported to the Charleston County Detention Center for booking at 2:30 pm. directly from the Roper St. Francis ER. 10. Registered Nurse Katherine Hall documented that verbal and written discharge instructions were provided to Ms. Curnell and the arrestng police of?cer employed with the Charleston County Sheriff?s Of?ce. According to the Roper St. Francis ER Discharge Instructions, Ms. Cumeli was to seek PROMPT medical ATTENTION if she experienced ?increasing abdominal pain or constant lower right abdominal pain; continued vomiting; frequent diarrhea; reduced oral intake; weakness, dizziness, or fainting; drowsiness; confusion; stiff neck; or seizure.? 11. After an initial assessment by medical staff, Ms. Curnell was escorted to the B3M unit for housing. Detention Of?cer Charlene Jackson was one of the of?cers assigned to Ms. Cornell?s unit. According to her statement, upon entering the B3M unit on the night of July 21, 2015, Ms. Cornell was unsteady and ?trying to keep her balance.? She complained of her ?stomach hurting? 30f9 and within minutes ?she was in the bathroom throwing up.? Ms. Cornell reported to Of?cer Jackson that she was too weak to submit a sick call request. Additionally, Detention Of?cer Kristen L. Cook reported that she vomited ?through the night? and ?couldn?t make it to the bathroom.? Of?cer Jackson provided Ms. Curnell with a red trash bag and at approximately 1:30 am, contacted Nurse Ashley B. Wiley requesting medical assistance. Nurse Wiley informed Of?cer Jackson that a nurse would be coming to the unit around 5:00 am. and that she would evaluate Ms. Curnell. 12. Ms. Cornell continued to vomit throughout the night. At no time did Defendants ful?ll their requirement to summon or procure adequate medical attention for Ms. Cornell. At or around 4:45 am, Of?cer Jackson relayed Ms. Cumell?s deteriorated physical appearance and that she had been vomiting throughout the night. Despite the fact that Defendants had actual knowledge of Ms. Cornell?s open and obvious medical condition that included ?continued vomiting, increasing abdominal pain, weakness, dizziness, drowsiness? as described in the discharge instructions from hospital as indications requiring in complete and total disregard of the Roper St. Francis Hospital Discharge Instructions, the Plaintiff is informed and believes that the Defendants failed to procure any medical treatment to Ms. Curnell whatsoever. 13. In her incident report, Of?cer Cook reported that after breakfast the following morning, July 22, 2015, Ms. Curnell was unable hold her breakfast down and ?layed down throughout the afternoon, [sic]. Despite Ms. Curnell?s physical appearance as described by detention staff and other inmates, the Plaintiff is informed and believes Defendants failed to satisfy their non-delegable duty to provide adequate attention in response to Ms. Cornell?s open and obvious distress. 14. According to the Charleston County Sheriff?s Of?ce incident report, Ms. Cornell was last observed by correctional staff on 2:12 pm. and was found, unresponsive, at 5:00 pm. 4of9 15. According to the Autopsy Report, Ms. Cornell died as a result of complications of gastroenteritis. The Plaintiff has been informed and believes that had the Decadent been timely evaluated by a medical professional and properly treated for her gastroenteritis and dehydration, her deterioration and ultimate death would have, more likely than not based on a reasonable degree of medical certainty, been prevented. FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS (N egligencelGross Negligence - Survival) 16. The Plaintiff reiterates each and every relevant allegation stated above as if repeated verbatim herein. The Defendants are liable to the Plaintiff as a result of its negligence, gross negligence, recklessness, willfulness, and wantonness in one or more of the following particulars: In failing to secure proper care for the Decedent, when the Defendants and! or their personnel, agents, and} or employees knew or should have known that the Decedent was in open and obvious distress; In failing to provide reasonable, necessary, and appropriate supervision, care, and access to medical treatment to the Decedent; In disregarding the Decedent?s complaints of distress; In failing to monitor the Decedent, while detained, and take the proper steps to provide assistance to her when they knew or should have known that she was unable to care for herself; In failing to ensure that the Decedent had access to medical care; In failing to seek emergency medical attention for the Decedent, when they knew she was suffering from an open, obvious, and serious medical need; 5of9 (1) (0) (P) (I) (S) In failing to refer or transport the Decedent to a Specialist andfor a hospital; In failing to sufficiently monitor the Decedent; In failing to follow the mandates of the Minimum Standards for Local Detention Centers in South Carolina; In failing to properly train and/or supervise its employees, agents, and/or staff, so as to ensure that detainees (including the Decedent) are provided with proper care and attention while incarcerated; In failing to have the proper policies and/or procedures in place regarding the administration of proper supervision; In failing to take the appropriate steps to provide care and treatment to the Decadent when they had actual and constructive notice of the Decedent?s open and obvious distress; In failing to have the preper policies and procedures in place regarding recognition of medical needs of new detainees; In failing to draft and/or institute proper policy and procedure necessary to ensure that inmates are provided basic andf or appropriate medical care and protection from abuse; In failing to comply with national, state, and local standards and guidelines with regard to the provision of medical care in detention facilities; In failing to train their employees, agents, and/or staff to recognize the medical needs of detainees; In failing to properly treat andfor care for the Decedent, Ms. Curnell; In failing to provide, order, seek, and/or maintain emergency medical care; In abandoning the Decedent when she was in desperate need of medical care; and 60f9 In failing to have proper communication by and between the detention center of?cers and the medical personnel contracted to provide medical assistance to the detainees. 18. The above acts of gross negligence and gross breaches of the proper standard of care (by and through the employees, agents, and/or servants of these Defendants) have caused the Decedent to suffer conscious pain and suffering, leading to her death. The Plaintiff has suffered the loss of the life of the Decedent, loss of her love and support, mental anguish, emotional distress, incurred funeral expenses, and undue grief, and Ms. Curnell?s heirs will likely suffer from the effects of the Defendants? actions now and in the future. As such, the Plaintiff is entitled to ACTUAL AND CONSEQUENTIAL ?fom the Defendants. FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANT (Wrongful Death) 19. The Plaintiff reiterates each and every relevant allegation stated above as if repeated verbatim herein. 20. This action is brought for the wrongful death of Joyce E. Cornell, pursuant to the provisions of 15-51-10 at seq. Code of Laws of South Carolina (1976, as amended), and is brought for the statutory heirs of Joyce E. Curnell, who died on the 22nd day of July, 2015. 21. The death of the Decadent was caused and occasioned by the grossly negligent acts on behalf of the Defendants as set forth above. 22. Prior to her death, Joyce E. Curnell was ?fty (50) years of age. By reason of her untimely death, her heirs have been deprived of all the bene?ts of her society and companionship and have been caused great mental shock and suffering by reason of her death. They have and will forever be caused grief and sorrow by the loss of Ms. Curnell?s love, society, and companionship. They 70f!) have been deprived of her fumre experiences and judgments. They have incurred expenses for her funeral and ?nal expenses and, as a result of the foregoing, they have been damaged as follows: (C) . (0 mental shock and suffering; wounded feelings; grief and sorrow; loss of her support; loss of companionship; and deprivation of the use and comfort of the Decedent?s society and loss of her experience, knowledge, and judgment. 23. As a further result, and because of the Defendants? reckless, willful, and grossly negligent conduct, which ultimately caused the wrongful death of Joyce E. Cornell, this Plaintiff is entitled to ACTUAL and CONSEQUENTIAL damages in an amount to be determined by a jury in accordance with the law and evidence in this case. WHEREFORE, the Plaintiff, in his ?duciary capacityr as personal representative of the Estate of Joyce E. Cornell, prays judgment against all of the Defendants, both jointly and severally, for ACTUAL and CONSEQUENTIAL damages, for the costs of this action, and for such other and further relief as the Court may deem just and proper. Respectfully Submitted, Jarnes Moore 111 Scott C. Evans Evans Moore, LLC 121 Screven Street Georgetown, SC 29440 Of?ce: (843) 9955000 Facsimile: (843) 527-4128 Counsel for the J. Scott Biscoff, II Savage Law Firm 15 Prioleau Street Charleston, SC 29401 80f9 Of?ce (843) 720?7470 Facsimile: (843) 720-7478 Co-Counselfor the Plainth February 25, 2016 Georgetown, SC 29440 90f9