Published Friday, January 07, 2011

Settlement reached in suit over death of jail inmate

By Sarah Fay Campbell

The Newnan Times-Herald

Coweta County has settled a lawsuit brought in federal court by the wife of a man who died in the Coweta jail while serving a sentence for DUI.

Betty Sutton, wife of William Calvin Sutton Sr., was awarded $525,000 for the settlement of her wrongful death and administrative claim.

The case, filed Jan. 22, 2010, in U.S. District Court, was officially dismissed on Dec. 14.

Sutton's claims against Coweta County, the Coweta County Jail, Coweta County Sheriff Mike Yeager, and various jail employees were dismissed with prejudice.

The claims against Dr. Miriam J. Burnett, MJB Health Services group, and MAG Mutual Insurance Company were dismissed without prejudice.

Though the case was officially dismissed on Dec. 14, the settlement agreement was signed by Sutton on Sept. 13, 2010.

The settlement agreement states that the "released parties" -- that is, Coweta County and its various entities -- "herein expressly deny all liability and this agreement must not be construed as an admission of liability by any of the released parties. This is a compromise settlement of disputed claims made solely to end the cost and uncertainty of litigation and to allow the released parties to buy their peace."

It further states that "the parties agree that this is a comprise settlement of a disputed claim and that Betty Sutton has not been made whole by this payment and that this payment does not wholly compensate her for the injuries and damages sustained in the subject occurrence."

"The county maintains that the physician who was treating Mr. Sutton is at fault," said Coweta County Attorney Nathan Lee in an e-mail sent to The Times-Herald on Tuesday. He said that the county's insurance carrier is planning on filing suit against Burnett to "recover the monies it paid out to settle this case."

Part of the settlement agreement states that "the Coweta County defendants shall reserve and control all claims against Miriam J. Burnett and MJB Health Services Group Inc." and that the Coweta defendants agree to hold Betty Sutton harmless from all claims and expenses arising "out of the pursuit by Coweta County defendants of any claims against Miriam J. Burnett and MJB Health Services Group Inc."

If Coweta County recovers any money from Burnett and MJB, the settlement states that Betty Sutton "shall be entitled to receive 25 percent of any gross recovery" against Burnett and MJB "after the deduction of expenses based upon expenses incurred after the date of this agreement."

According to Betty Sutton's complaint, Mr. Sutton was sentenced to 90 days in jail for DUI on Wednesday, Jan. 23, 2008. That day, he began serving his sentence.

According to the legal filing, Sutton had a seizure on Jan. 25, and Dr. Burnett concluded Sutton was undergoing alcohol withdrawal. She started a treatment plan, including the administration of several medications, and authorized Sutton to return to his cell.

Around 7 a.m. on Jan. 26, Sutton had a second seizure. He was taken by ambulance to Piedmont Newnan Hospital's emergency room. According to jail reports, he was at the hospital for about four hours and then returned to jail.

On the day of his death, Jan. 31, 2008, Sutton was in the "restraining chair" in the booking area.

According to the medical report filed by LPN Susan Webb, she was called to booking to check on Sutton's condition.

"Inmate was in restraint chair," Webb says in the report. "Inmate's head was lying back on the chair, inmate's breathing was shallow." He was also unresponsive and sweating heavily. Staff called 911 at this time. Sutton's blood pressure was taken several times, and was in a normal range, but his heart rate was in the 130s, according to Webb's report. She said that Sutton was hooked to the monitor on the crash cart, and shortly thereafter began to go into a seizure. His heart rate dropped into the 50s and there was only a slight pulse.

When EMTs arrived, Sutton was placed on a stretcher. He did not have a pulse at that time, according to Webb's report. CPR and rescue breathing was begun, and resuscitative drugs were administered, but no change was evident. EMTs continued CPR as Sutton was loaded into the ambulance, with no pulse.

According to the EMT report, when EMTs reached Sutton, he was in a chair and not breathing. Sutton was intubated, and EMTs administered epinephrine and atropine and took Sutton to the hospital.

On Sutton's death certificate, the cause of death is listed as delirium tremens/ chronic ethanolism. Delirium Tremens, also known as "DTs," is a severe form of alcohol withdraw that can cause sudden and severe mental or neurological changes, including seizures, delirium, confusion, and hallucinations.

According to Mrs. Sutton's complaint, several of her husband's fellow inmates told detention officers that he was in medical distress. At least two were able to contact Mrs. Sutton by phone and tell her that her husband was in trouble medically.

In the complaint, Mrs. Sutton alleges that her husband was placed in the restraint chair for at least 14 hours and that the use of the chair intensified his "pain and suffering and contributed to the failure to secure effective medical treatment for his DTs."