Guadalupe Leon, Monique Leon, a minor, and the Estate of Juan Leon v. County of San Diego, San Diego County Sheriff's Dept., Bill Kolender, et al.
Published: Sep. 14, 2004 | Result Date: Apr. 29, 2004 | Filing Date: Jan. 1, 1900 |Case number: 00CV1292DMS Verdict – $0
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Sonia M. Mercado
(Sonia Mercado & Associates)
R. Samuel Paz
(Law Offices of R. Samuel Paz)
Defendant
Ricky R. Sanchez
(Office of the San Diego County Counsel)
Experts
Plaintiff
George E. Sullivan
(technical)
Richard Meyers
(medical)
Robert B. Greifinger
(medical)
Patricia L. Reigers
(medical)
Defendant
David A. Talan M.D.
(medical)
Kenneth Bird
(medical)
Stanley Kephart
(technical)
Stanley Kephart
(technical)
Facts
In July 1999, Juan Leon was an inmate at the George F. Bailey Detention Facility in Otay Mesa. Leon was awaiting trial. On July 16, the jail's nursing staff examined Leon after he complained of vomiting after eating. Leon had no fever, normal respiration and blood pressure, and he was not in distress. He was given medication for indigestion and instructed to drink more fluids and rest. He was to return if his symptoms recurred. On July 17, Leon turned in another sick call request for bad stomach pains and cramps. The next day, the nursing staff evaluated him four times. He recounted vomiting twice the day before, but denied diarrhea and coughing. His temperature fluctuated between 98.5 and 101.6, so he was scheduled to see the doctor the next morning. When Leon saw the doctor, his temperature was 99.5 and his vital signs were normal. The doctor diagnosed gastroenteritis and prescribed a three-day course of Imodium and Tylenol. The doctor did not request a follow-up (although he testified that was his practice), but there was no follow-up requested by any medical care provider. On July 28, Leon was to board a bus bound for the Vista jail. A deputy saw that Leon was in distress as he walked to the bus. The deputy asked Leon if he was ill, if he had been to medical services and if he wanted to go to the dispensary. Leon allegedly told the deputy that he had been seen by the medical staff. He boarded the bus, which took him to court for his hearing. While in a holding cell in the Vista jail, he passed out and was conveyed to the jail's dispensary. Paramedics eventually took him to Tri-City Hospital, where he died several hours later. The subsequent autopsy revealed a perforation in his large colon. The cause of death was noted as sepsis, secondary to a perforated bowel with peritonitis. Leon's estate, his father, Guadalupe, and his daughter, Monique, sued San Diego County, the San Diego County Sheriff's Department and certain individual members and Sheriff Bill Kolender.
Settlement Discussions
The plaintiffs demanded $950,000, reduced to $550,000 one month before trial. The defendants offered $450,000, reduced to $100,000 one month before trial.
Specials in Evidence
During discovery, the medical supervisors of San Diego jail attested that they had a practice of "destroying and discarding" written documents so that they would not be "discoverable." The plaintiffs obtained a court order to search the department's computer back up files where memoranda was discovered that the facilities had a "gargantuan" problem of understaffing before Juan Leon died, and that the doctor could not see all the patients. This was an ongoing problem which defendants failed to remedy due to destroying their own memoranda regarding known medical problems. The plaintiffs further contended that Dr. Thompson had a duty to follow-up and failed to do so. During the period between when Leon was seen by Dr. Thompson and that day he collapsed while waiting in court, defendants ignored his worsening condition. The plaintiffs further alleged that the medical care provided was incompetent and indifferent to Juan Leon's serious but treatable medical condition. The plaintiffs further alleged that defendants' failure to have a quality assurance programs led to the collapse of the medical delivery systems. During the period after seeing the doctor, Juan Leon worsened and despite many requests for medical care, no medical care at all was provided nor made accessible to him.
Damages
The plaintiffs sought damages for loss of support, care, comfort and society.
Injuries
Death of Juan Leon.
Other Information
The plaintiffs are presently waiting for a final order on a motion for a new trial.
Deliberation
one day
Length
14 days
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