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Civil Rights
42 U.S.C. Section 1983
Medical Malpractice

Richard Detty, individually and on behalf of decedent Clifford Detty v. County of Santa Barbara, Psychiatric Health Facility, Edwin Feliciano, Ann Detrick, Charles Nicholson, Moira O'Connor, Reyante E. Bugay, Alex Romano, Erma Gomes, Carol Smith, and Does 1 through 100

Published: Feb. 15, 2014 | Result Date: Oct. 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:11-cv-10384-MWF-JCG Settlement –  $1,250,000

Court

USDC Central


Attorneys

Plaintiff

David M. Feldman


Defendant

Mary Pat Barry
(Office of the Santa Barbara County Counsel)

Dennis A. Marshall


Facts

On April 28, 2010, Santa Maria Police Department officers responded to calls about Clifford Detty. Clifford was a diagnosed schizophrenic, and was reportedly disturbing people in a parking lot. Some of the officers were previously acquainted with Clifford, who had caused incidents in the past. The officers went to the parking lot and detained Clifford, then called Crisis and Recovery Emergency Services, or CARES, to transport him. CARES personnel arrived and evaluated Clifford, then transported him to Marian Medical Center to be medically examined. The CARES personnel decided that in order to transport Clifford, he needed to be restrained because Clifford was being uncooperative.

At Marian Medical Center, Clifford had his vital signs taken, and was taken to the emergency room. Clifford continued to exhibit erratic behavior, and hospital staff continued to restrain him. The medical staff at the hospital concluded that his behavior was due to his schizophrenia. Clifford was then taken from Marian Medical Center to Psychiatric Health Facility.

Contentions

PLAINTIFF'S CONTENTIONS:
Richard Detty contended that while at Psychiatric Health Facility, various personnel reviewed Clifford's records, and found that he had tested positive for amphetamines while he was at Marian. He was admitted to Psychiatric Health Facility, where the then on-call physician, Dr. Charles Nicholson, ordered that he be secluded and restrained. The medical personnel also injected him with drugs in order to calm him down, but found that they had little effect. However, eventually Clifford stopped resisting against his restraints, and a staff member discovered that he had stopped breathing. About half an hour later, the medical staff pronounced Clifford dead. A medical examiner determined that his cause of death was acute methamphetamine intoxication.

Richard Detty, decedent's father, sued the county, Psychiatric Health Facility, Dr. Nicholson and others, arguing that they had violated his son's civil rights by placing him in restraints. He also argued that the medical staff had not properly monitored Clifford's condition, leading to his death. He also argued that the combination of medications given to Clifford at the Psychiatric Health Facility caused his death.

DEFENDANT'S CONTENTIONS:
Defendants argued that they acted within accepted medical standards of care when making their decisions. They further argued that they did not cause Clifford's death or violate his rights.

Result

The parties decided to settle out of court for $1.25 million.


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