Scott County agrees to pay $12.2M settlement to inmate who alleges mistreatment led to double amputation
SCOTT COUNTY, Minn. — Scott County has agreed to pay more than $12 million to a man who said his mistreatment by jail officials necessitated the amputation of both of his arms.
"It's something ain't nobody would want to go through," former inmate Terrance Windborn told WCCO. "I can't really even explain it because there's been so many times I thought I was gonna pass away."
A lawsuit filed last year on behalf of inmate Winborn alleged "deliberate indifference" by a registered nurse employed at the Scott County Jail caused Winborn "to suffer the effects of a Streptococcuspyogenes (bacteria) infection and a litany of other serious medical issues, including, but not limited to, a heart attack, purpuric lesions (skin hemorrhages) over much of his body and the life- and limb-threatening conditions of septic shock and gangrene."
The lawsuit alleged the nurse "ignored all of the warning signs of Winborn's deteriorating condition and nearly allowed him to die on her watch." Those warning signs, according to the lawsuit, included vomiting, an "extremely swollen" right hand, pain, trouble breathing and more.
These signs arose during Winborn's incarceration in August of 2020. He was arrested "for various driving- and alcohol-related offenses," the lawsuit states, and taken to the Scott County Jail. He arrived with three medications, all of which were either confiscated and held for Winborn to take upon his release or destroyed, according to the suit. Winborn complained to jail employees about not having his medications.
Eventually, Winborn was taken to a local hospital, and eventually transferred to another hospital. The lawsuit alleges that occurred about 39 hours after his initial booking, seven hours after a daily medical assessment in which many of his symptoms worsened and almost an hour after the nurse was "again alerted" to "obvious and serious medical issues with Winborn."
On Aug. 29, two days after his arrest, the hospital noted Winborn had several "life-threatening diagnoses," the lawsuit states. His right hand and forearm were amputated on Aug. 30. He transferred hospitals again in October, then went to a rehab facility in November.
In December, he was readmitted due to an infection and his left forearm was amputated, the lawsuit states.
The lawsuit also alleges Scott County employees destroyed video evidence of Winborn's incarceration and that the written medical records are "vague and sometimes contradictory" and, in some cases, "glaringly absent."
"He would not have had nearly the outcome that he had. He would still have likely both arms, wouldn't have suffered the heart attack, wouldn't have suffered the stroke, and really that was a key part of the case," lawyer Andrew Noel told WCCO.
At a Board of Commissioners meeting Tuesday, Scott County approved a $12.2 million settlement, $10.2 million of which is to be paid by the county, with the county's insurer paying the final $2 million.
At the meeting, Scott County Attorney Ron Hocevar read a statement by the board, which said it was in the "best interest of the county" to approve the settlement.
An attorney representing the county gave WCCO the following statement:
"Scott County and its insurer the Minnesota Counties Intergovernmental Trust (MCIT) have agreed to pay $12.2 million to Mr. Winborn in exchange for a dismissal of his lawsuit and a release of the claims against the County and its employees. The County and MCIT are hopeful the resolution of this matter will help provide Mr. Winborn with the medical care and quality of life assistance he needs."
The settlement will not be final until approved by a judge.
"While this settlement cannot undo the pain and suffering that Mr. Winborn endured, it serves as an important step toward justice and accountability and a message to correctional personnel and correctional medical providers not to engage in this kind of conduct in the future," Winborn's attorney Katie Bennett said in a statement.
