WRONGFUL DEATH: $10M CLAIM BY DOUGLAS INMATE'S FAMILY NAMES MEDICAL STAFF, PRISON WARDEN
Corizon Health, other defendants argue Southeast AZ Medical Center and physician caused or contributed to death
family can also pursue $6.5 million judgment claim against bankrupt hospital's insurer
DOUGLAS - When Manuel Diaz was airlifted from a Douglas hospital to a Tempe critical care center on January 16, 2014, it marked the sixth day in a row he was seen by medical professionals for flu-like symptoms. Diaz arrived at Tempe St. Luke’s in “serious condition” according to medical records. Eight days later he would be dead of what Maricopa County’ Medical Examiner called “complications of influenza.”
The medical care provided to Diaz, who was an inmate at the Arizona State Prison Complex in Douglas, is the basis of a wrongful death and negligence lawsuit filed on behalf of Diaz’s mother and his minor children. The $10 million claim alleges that prior to his transport to Tempe, the 31 year old Diaz was “diagnosed, treated, and cared for” in an “unskilled, careless, and negligent manner” that eventually led to kidney and respiratory failure and his January 24, 2014 death.
According to the family’s complaint, Diaz was serving a five year sentence for fleeing police. He arrived at the prison in October 2013, at which time Diaz tested positive for Hepatitis C, a condition that weakens the immune system making a patient more susceptible to infection and making it harder to recover from illness.
The main disputes in the case are whether Diaz died due to inadequate care from the prison’s medical staff who were employed by contractor Corizon Health Inc., whether medical care Diaz received away from the prison infirmary contributed to his death, whether Diaz would have benefited from a flu shot, and whether the prison -or Diaz- was to blame for the fact he was not vaccinated.
6 DAYS OF WORSENING SYMPTOMS, A BRIEF VISIT TO LOCAL HOSPITAL
What is not in dispute is that after feeling ill for a few days, Diaz reported to the infirmary on January 11, 2014 with a 103 degree temperature . It was the first of six consecutive days he would complain of worsening symptoms. On Day 5 prison officials had Diaz transported to the Southeast Arizona Medical Center (SEAMC) in Douglas. He was seen in the emergency room by Dr. Mark Chorebanian, and after some x-rays Diaz returned to the prison the same day.
On Day 6 he was taken by ambulance in notably worse condition back to SEAMC, where another doctor prescribed flu medication for the first time since Diaz fell ill. Court records indicate the hospital medical staff determined Diaz’s condition “to be so severe and emergent that he was immediately evacuated” to Tempe St. Luke’s. The records also show Diaz was suffering from lung and kidney damage when he arrived in Tempe.
The family initially filed their civil complaint January 16, 2015 in Maricopa County Superior Court. The defendants were the State of Arizona, Charles Ryan (director of Arizona Dept. of Corrections), Al Ramos (Douglas prison warden), Corizon Health Inc., six Corizon employees, Dr. Chorebanian, any spouses of the defendants, the former owner of SEAMC, and the owner of Cochise Regional Hospital that opened in place of SEAMC. The case was moved to U.S. District Court in Phoenix at the request of the State.
DEFENDANTS: LAWSUIT IS FRIVOLOUS AND MALICIOUS
In response to the lawsuit, the Corizon and prison-related defendants contend “Manuel Diaz
received treatment consistent with the standard of care for his presented symptoms and objective findings” and they “deny any breach” of care to Diaz “while he was in the custody, control and confinement of the ASPC Douglas.”
They have characterized the family’s lawsuit as “frivolous and malicious” and argue Diaz contributed to his illness when he was given “the opportunity to receive a flu vaccination but declined to do so.”
In his answer to the lawsuit, Chorebanian denies acting negligently in his treatment of Diaz and asserts he “met the standard of care in all respects and caused no harm to Manuel Diaz.” Chorebanian also noted he “lacks sufficient knowledge or information” about the “truth or falsity of the remaining allegations” concerning Diaz’s medical treatment before or after his first admission to SEAMC.
In May 2016, senior judge Paul Rosenblatt dismissed any spouses of the named defendants from the federal lawsuit by . Then in July the judge approved a settlement between the family and the bankruptcy trustee assigned to Community Healthcare of Douglas, the company that owned the now defunct SEAMC. The settlement allows the Diaz family to pursue a $6.5 million judgment claim against the former hospital’s insurer, AIG.
The settlement resulted in the September 1 dismissal of Chorebanian from the lawsuit, as well as the former and new owners of the Douglas area hospital. That leaves Director Ryan, Warden Ramos, Corizon Health, and six Corizon employees as the remaining defendants.
DEPT OF CORRECTIONS, CORIZON HEALTH: WE'RE NOT RESPONSIBLE FOR ERROR BY OTHERS
On September 22, attorney Ellen Levy filed a “Notice of Non-Parties at Fault” on behalf of the remaining defendants. The notice claims “former Defendant Mark Chorebanian, M.D., evaluated, treated and/or otherwise provided care to Manuel Diaz discharging the inmate back to the ASPC Douglas Complex that same day, within hours, with limited restriction, instruction, treatment, and/or without diagnosis of the condition(s) Plaintiff alleges resulted in death.”
The notice contends that “the improper, insufficient care, assessment, actions and/or omissions taken by SEAMC and/or its personnel, including but not limited to Chorebanian, M.D., may have caused or contributed to the death” of Diaz. Therefore, even though SEAMC and Chorebanian were dismissed from the case, the remaining defendants contend they “cannot be held accountable or liable” for the medical care or lack of care provided to Diaz by others.
The case is scheduled for a June 13, 2017 jury trial but first Diaz’s attorney Lincoln Combs has scheduled depositions with six medical workers who treated Diaz at the prison: Naomi Fimbres, Anna Marie Jensen-Trees, Debra Kinder, Christine Perea, Stephen Stephens, and Carla Transue. He will also depose former warden Ramos. The depositions will take place November 11 to December 9.
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Photos: Manuel Diaz [upper left], Al Ramos [lower right]
Contact reporter Terri Jo Neff at 520-508-3660 and cjw_media@yahoo.com
