WIDOW APPEALS LOSS IN WRONGFUL DEATH SUIT OVER IN-CUSTODY CARE

Judge ruled medical staff at center was not at fault

A San Diego federal judge and jury found that no one was legally liable for the death of a man who suffered from pneumonia while in federal detention, and his widow is now appealing the decisions of both.

The lawsuit was filed by the estate of Gerardo Cruzsanchez in 2017, alleging staff at Otay Mesa Detention Center repeatedly ignored his pleas for care and were negligent in treating his worsening illness in February 2016.

Cruz-sanchez had been arrested after being caught in the trunk of a car during a cross-border smuggling attempt. He was being held as a material witness to testify against the accused smuggler. He had been granted bail but remained detained, unable to pay.

After spending a week at another detention facility, he was moved to Otay Mesa, where he began to report flulike symptoms to medical staff, according to court documents.

Cruz-sanchez visited the facility’s health care staff several times over the following days, complaining of mild symptoms, including a cough, according to evidence presented at trial. None of the examinations detected serious illness or pneumonia, and he was told to return if his condition worsened, according to the medical records presented to the court.

On Feb. 22, he was visited by his attorney and an interpreter, who testified that he appeared ill, pale and breathless. The attorney shared his concern with detention staff.

Cruz-sanchez didn’t request any further medical assistance or summon help until an emergency was called by detention Officer David Landin four days later, the judge found. Cruzsanchez was taken to a hospital, where he died Feb. 29 from complications of pneumonia.

The lawsuit went to trial against Corecivic, the private operator of the detention center, and Landin. A jury cleared them of any wrongdoing in a March 28 verdict.

The jury was, by law, unable to consider allegations of medical malpractice against the U.S. government agency that provides health care services inside the facility, leaving that decision to the judge.

Last month, U.S. District Judge Anthony Battaglia issued a separate finding that also cleared the Immigration and Customs Enforcement Health Service Corps.

“Decedent had repeatedly been advised to return to the clinic if his symptoms worsened, and he verbalized his understanding each time. Regrettably, he did not follow the medical professional’s advice,” Battaglia wrote in his ruling. “The United States medical staff satisfied the standard of care in providing care to Decedent, and none of their actions were a substantial factor in bringing harm to him.”

The judge further found the testimony of Cruzsanchez’s cellmate not to be credible.

On Thursday, Cruzsanchez’s widow filed for appeal to the 9th U.S. Circuit Court of Appeals.