Man jailed with untreated injury settles lawsuit

A man who spent five days with a fractured pelvis without receiving medical care in the Montgomery County Jail has settled his federal lawsuit against the county and a healthcare provider.

Jeffrey Day was a passenger in a vehicle that was in an accident in Trotwood on Nov. 26, 2015, and was later booked into jail for obstructing justice after not answering questions correctly.

His attorneys said their client was happy with the settlement agreement.

“Our client, Mr. Day, was happy with the resolution that we were able to come to,” attorney Doug Brannon said.

Brannon declined to give the amount that the parties were able to settle on. Comment on behalf of the county and its jail medical provider, NaphCare, wasn’t immediately available.

In the suit, Day contended he repeatedly asked for medical attention and those requests were denied. After his release, Day had surgery. Day fractured his right acetabulum, the part of his pelvis that forms the socket of his hip, according to court documents.

His attorney said the injuries were sustained during the crash and caused him to hop on one leg into the jail. Brannon said the jail offered him a wheelchair but didn’t provide him medical treatment past that point.

“Essentially, the injury he suffered and the delayed surgery caused him further complications to his recovery process,” Brannon said.

The lawsuit is one of at least 15 filed by former inmates of the Montgomery County Jail against the jail and Montgomery County. Last year, the county settled a lawsuit filed by a man who was beaten in the jail for $5.6 million. Other lawsuits are still ongoing.