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Olmsted County Jail detainee's death could have been prevented, federal lawsuit argues

Impasse in Minnesota House continues, and more headlines
Impasse in Minnesota House continues, and more headlines 05:36

ROCHESTER, Minn. — A federal lawsuit filed on Monday accuses a southern Minnesota jail of failing to provide adequate medical care for a detainee shortly before his death.

Melvin Bush, 59, died at the Olmsted County Jail nearly two years ago from acute complications of a perforated duodenal ulcer, according to the lawsuit. Bush was at the jail after being arrested on suspicion of violating a no-contact order on March 1, 2023. He died in his cell just days later.

The lawsuit was filed on behalf of Bush's daughter against Advanced Correctional Healthcare, Inc. (ACH), USA Medical & Psychological Staffing, S.C., two Olmsted County deputies, a nurse who worked at the jail and Olmsted County.

Jessica Young, the president and CEO of ACH, said in a statement to WCCO that the "medical defendants provided conscientious, appropriate care for Melvin Bush, as will be borne out through the litigation process."

Other defendants have not responded to WCCO's requests for comment.

Details of the lawsuit

During his booking, Bush disclosed he suffered from high blood pressure and was taking suboxone, prison documents show. He tested positive for several substances and was prescribed mild withdrawal medications, but not suboxone, according to the lawsuit.

The lawsuit says Bush began suffering from "spontaneous and intense" stomach pain, stopped eating and started refusing his medication on March 5, 2023 — four days after being booked in jail.

A nurse took a partial set of vitals from Bush, finding his blood pressure and body temperature were low. The nurse did not take his pulse, respiratory rate or oxygen saturation and concluded Bush had been suffering from withdrawal.

The lawsuit says the nurse should have notified a physician and arranged for emergency medical evaluation "as his condition clearly exceeded the scope of care possible in the jail." Even if Bush were suffering from withdrawals, the lawsuit states the standard of care required a complete assessment of his vitals, a thorough abdominal assessment and close monitoring by medical and correctional staff.

As the day went on, Bush reported his pain was getting worse and repeatedly asked for medical attention. At one point, other inmates allegedly began to ask deputies to help Bush.

When the nurse visited Bush a second time, he allegedly did not take a complete set of vitals. The lawsuit says Bush's respiratory rate was significantly elevated, which could be a sign of potentially critical conditions, such as sepsis and hypoxia.

"Measuring oxygen saturation would have provided critical information about Melvin's respiratory and circulatory status, helping to determine whether he required supplemental oxygen, further diagnostic testing, or emergent medical intervention," the lawsuit says.

The nurse told Bush, "Vitally you're stable," according to the lawsuit. The nurse also did not conduct a physical examination of Bush's abdomen before leaving his cell.

After the nurse's second visit, Bush's condition continued to deteriorate. Court documents say one deputy observed Bush's "eyes were wide and his breathing was staggered..." but did not get him any medical attention. During a wellness check, another deputy reported Bush was stiff and his jaw was open. Despite this, they continued to conduct checks on other detainees. 

When returning to Bush's cell, the deputy allegedly could not see him breathing and called for another deputy to look at him. The two deputies observed Bush was cold to the touch and believed they found a faint pulse on him.

Staff engaged in lifesaving efforts until paramedics arrived. Bush was taken to a hospital, where he died nearly an hour after being discovered unresponsive in his cell.

An autopsy found that Bush's "perforated ulcer likely spilled its gastric contents, digestive enzymes, and/or blood into the sterile peritoneal cavity, causing peritonitis, which ultimately progressed to sepsis," the lawsuit says.

ACH is a private business contracted to provide health care for inmates at Olmstead County Jail as well as hundreds of other correctional facilities nationwide. Since 2011, more than 300 people have died in facilities where ACH was the health care provider and has paid out more than $25 million in settlements, the lawsuit claims.

"There appears to be a pattern in correctional healthcare nationwide of brushing aside serious and deadly conditions as simply withdrawal, which can in and of itself be deadly," attorney Jeffrey Storms said. "Jail should be a first step towards recovery for someone suffering from addiction, not a death sentence."

ACH's president and CEO says the lawsuit fails to acknowledge the "many lives saved by Advanced Correctional Healthcare and its staff."

"Plaintiff's attempt to cherry-pick a few decade-old cases as examples proves that the company provides excellent care overall," Young said. "Even the Mayo Clinic no doubt has been sued and settled cases over the past 20 years."

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