Inmate begged staff for hours before he died needlessly: wife

An inmate in an upstate prison died in December from a rare throat infection after two nurses ignored his pleas for medical treatment for hours, when a simple regimen of antibiotics likely would have saved him, his wife alleges in court papers.

Jason Philibert, 38, was on a phone call, using a computer tablet, with his wife, Ashley Philibert, for roughly three hours on the evening of Dec. 14 as he repeatedly begged Greene Correctional Facility nurses and prison officers for treatment of searing pain in his throat and difficulty breathing, the court papers allege.

He had first experienced pain in his throat the day before, on Dec. 13, says a notice filed with the New York Court of Claims.

“There were multiple chances to help him,” said Ashley Philibert, 35, who noted the time of the Dec. 14 phone call as 5:47 p.m. “As we were on the phone, his condition is worsening. He’s trying to explain his throat is causing him significant pain, and they dismissed him. They should have taken him to the clinic or to the hospital.”

During the phone call, a female nurse appeared outside his cell. Philibert told the nurse he couldn’t swallow. She told him to gargle water and walked away, the claim states. Philibert (photo) replied he didn’t have a cup. Another inmate tried to persuade the nurse to take action. “Worry about yourself,” the nurse allegedly said.

Ashley Philibert said a second nurse, a man, later pointed a flashlight through her husband’s cell window and asked him to open his mouth. That nurse walked away without taking further action, the notice of claim states.

A series of corrections officers visited the cell. They also took no apparent action, the claim states.

“He told one of the officers, ‘I’m 38 years old. I wouldn’t be sitting with tears in my eyes if there wasn’t something wrong,’ ” Ashley Philibert said. “The officer told him, ‘I can’t do anything, the nurse already came.’ “

During those hours on the phone with his wife, Philibert cried and wheezed, pleading for help. He paced back and forth. It became harder for him to speak.

As Philibert’s condition grew more dire, other prisoners began yelling and banging on their cell doors in a desperate effort to get the staff to pay attention, but it was for naught.

“In what other setting could you imagine someone being in agony where the entire cellblock is banging and screaming with no action? It’s horrifying,” said lawyer Rachel Black, who represents Ashley Philibert in her notice of claim.

Philibert collapsed in his cell and died about 3 a.m., Ashley Philibert said.

An inmate called Ashley Philibert to tell her the news, followed by a prison official about 4 a.m.

An autopsy concluded an infection swelled Philibert’s epiglottis, a small flap of tissue at the back of the throat. The swelling blocked his windpipe and led him to asphyxiate, says the notice of claim filed Tuesday with the Court of Claims.

Philibert also had severe edema — extensive fluid in his lungs — the notice says. His family also plans a federal lawsuit.

Such an infection of the epiglottis is rare in adults. It is typically treated successfully with antibiotics, said Black, the lawyer. What caused Philibert’s infection is unknown.

“This was a treatable issue,” said Black, of the law firm Shulman & Hill. “Had he been provided medical treatment he would be alive today. A simple examination with a stethoscope would have caught it.”

Thomas Mailey, a spokesman for the state prison system, said the case remains under investigation. He declined to comment further.

Jason Philibert, an inmate in an upstate prison, died in December 2023 from a rare throat infection. (Courtesy of Ashley Philibert) “He was my partner in life. He had a way of reassuring me when I was stressed or upset. He was my best friend,” said Ashley Philibert, of Yonkers. “It just doesn’t make any sense — how would he have gotten this infection and why they wouldn’t take him for treatment.”

Philibert was transferred from Eastern New York Correctional Facility in Ulster County to a general population unit at Greene about a month before his death. He was in the 12th year of a 19-to-22-year sentence for a Westchester County robbery.

“He would go from playing basketball to straight into soccer. He was very active,” Ashley Philibert said.

Philibert’s death was the only one in 2023 at Greene, a medium-security prison about 130 miles north of New York City in Greene County. As of Feb. 1, Greene housed 1,190 inmates.

Statistics show Greene has a 23% vacancy rate in its medical staff, which tracks with the statewide vacancy rate of about 25%.

Jennifer Scaife, executive director of the Correctional Association of New York, noted Greene is close to one of the state prison system’s regional medical units, which offer more extensive treatment options than a prison clinic.

“The idea that an infection could become so out of control is troubling,” Scaife said. “When someone is having chest pains and/ or trouble breathing — those are key signs of distress and those should be escalated. This does seem to defy expectations on a couple of levels.”

Philibert is now buried in a New Jersey cemetery. His wife visits each weekend. He also leaves behind two daughters, ages 13 and 17.

“I want people to be held accountable. If they had intervened, he would still be here. I question their compassion,” Ashley Philibert said.