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Case 3:13-cv-01600-CCC Document 1 Filed 08/05/13 Page 1 of 35
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
JASON MICHAEL PIÑERO-VERA AND * CIVIL NO.
MIGUEL ANGEL PIÑERO-COTTO,
*
WANDA VERA-GONZÁLEZ, JENNIFER *
PIÑERO-VERA AND JULISSA PIÑERO- *
NEGRON, by themselves and as the
*
ESTATE OF JASON MICHAEL PIÑERO- * Federal Tort Claims Act, 28
VERA; JASON MICHAEL PIÑERO- VERA * U.S.C.S. § 2671 et seq.;
* Eigth Amendment to the US
Plaintiffs
* Constitution, Biven's Action,
* Arts. 1802 & 1803 of the Puerto
vs.
* Rico Civil Code; Section II (Bill of
* Constitution of the Commonwealth
UNITED STATES OF AMERICA,
* of Puerto Rico
HONORABLE ERIC HOLDER, U. S.
*
ATTORNEY GENERAL, U. S. DEPT. OF *
JUSTICE, FEDERAL BUREAU OF
*
PRISONS, represented by its Director
*
CHARLES S. SAMUELS; DR. NEWTON E. *
KENDIG; Assistant Director (HSD) and
*
Medical Director of the Bureau of Prisons
*
JERRY C. MARTINEZ, , WARDEN of the *
Metropolitan Detention Center in Guaynabo; *
CHRISTINE MARRERO, Clinical Nurse at *
JURY TRIAL
MDC in Guaynabo; ROBERTO CURRAS *
or R. CURRAS, OIC in the MDC in Guayna- *
bo; DR. ADA I. RIVERA; DR. ALEX SEDA, *
DR. JOSE MIRO; JOSE GARCIA; THE
*
CONJUGAL PARTNERSHIP CONSTITU- *
TED BETWEEN THE RESPECTIVE
*
SPOUSES OF MARRERO, CURRAS,
*
RIVERA, SEDA, MIRO, AND GARCIA
*
BVR AMBULANCE BEST CARE, INC.,
*
BRYAN VELEZ, President of BVR Ambu- *
lance Best Care; THE CONJUGAL LEGAL *
PARTNERSHIP CONSTITUTED BY
*
BRYAN VELEZ AND HIS WIFE; ABC and *
DEF, THE CONJUGAL LEGAL PARTNER-*
SHIP CONSTITUTED BY ABC and DEF and *
their respective spouses; GHI CORRECTIO- *
NAL HEALTH SERVICES, INC., JKL COR-*
PORATION, INC., MNO CORP., PQR INSU-*
RANCE CO. and STU INSURANCE CO.,
*
JOHN DOE and JANE DOE;
*
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*
Defendants
*
______________________________________ *
COMPLAINT
TO THE HONORABLE COURT:
COME NOW the Plaintiffs through the subscribing counsel and respectfully
STATE AND PRAY:
I.
JURISDICTION
This Honorable Court has jurisdiction to entertain this civil action pursuant to the
Federal Tort Claims Act, 28 U.S.C.S. § 2671 et seq. and 28 U.S.C. § 1331. Also, the
Honorable Court has jurisdiction pursuant to Bivens v. Six Unknown Named Agents of
the Federal Bureau of Narcotics, 403 U.S. 388, 29 L. Ed. 2d 619, 91 S. Ct. 1999 (1971),
for violations of the late Jason Michael Piñero-Vera's constitutional rights under the
Eighth Amendment to the United States Constitution. Under 28 USC § 1367 this Court
has supplemental jurisdiction over the cause of action arising from the laws of the
Commonwealth of Puerto Rico: Articles 1802 and 1803 of the Puerto Rico Civil Code,
31 L.P.R.A. §§ 5141 and 5142, respectively, and Section II of the Bill of Rights of the
Constitution of the Commonwealth of Puerto Rico.
II.
VENUE
Venue is proper in the District of Colorado under 28 U.S.C. § 1391(b), because a the
acts or omissions that give rise to Plaintiffs’ claims occurred in the District of Puerto Rico.
III.
PARTIES
PLANTIFFS
The Estate and relatives of Jason Michael Piñero-Vera constituted by:
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JASON MICHAEL PIÑERO-VERA, an inmate at the Metropolitan Detention
Center in Guaynabo, who went through the agony of suffering and pain as a result of
defendants negligent acts or omissions and/or deliberate indifference, that were the direct
cause of his death at age 25on August 5, 2012.
MIGUEL ANGEL PIÑERO-COTTO and WANDA VERA-GONZALEZ, of
legal age, retired, father and mother, respectively, of Jason Michael Piñero-Vera, and
resident of Urb. Idamaris Gardens, C-25 Cantalicio Rodríguez Street, Caguas, Puerto
Rico, 00727, with telephone number (787) 598-0085.
JENNIFER PIÑERO-VERA, of legal age, single, sister of Jason Michael
Piñero-Vera, manufacturing associate at Amgen Pharmaceuticals and resident of Urb.
Idamaris Gardens, C-25 Cantalicio Rodríguez Street, Caguas, Puerto Rico, 00727, with
telephone number (787) 598-0085.
JULISSA PIÑERO-NEGRON, of legal age, single, paramedic, sister of Jason
Michael Piñero-Vera, and resident of Barrio Duque, 139 Azucena Street, Naguabo,
Puerto Rico, 00718, telephone number (787) 556-3264 and (787) 874-1969.
DEFENDANTS
THE UNITED STATES OF AMERICA, represented by HON. ERIC
HOLDER, United States Department of Justice, Attorney General of the United States of
America.
The FEDERAL BUREAU OF PRISONS (BOP), a subdivision of the United
States Department of Justice, a United States federal law enforcement agency responsible
for the administration of the federal prison system, represented by its Director,
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CHARLES S. SAMUELS, JR. Mr. Samuels is sued in his official capacity as Director
of the federal Bureau of Prisons (BOP).
NEWTON E. KENDIG, M. D., is sued in his official capacity as both, the
Assistant Director, Health Services Division (HSD) and Medical Director of the
federal Bureau of Prisons. The Medical Director is the final health care authority for all
clinical issues and is responsible for all health care delivered by BOP health care
practitioners.
JERRY C. MARTINEZ, of legal age, whose marital status is unknown at this
time, who for the time relevant to this complaint was the Warden of the MDC in
Guaynabo, with address Metropolitan Detention Center, Highway 22, at the intersection
of Roads 165 and 28, Guaynabo, Puerto Rico, and telephone number (787) 749-4480.
Codefendant Martínez is sued in his official capacity as Warden of the Metropolitan
Detention Center in Guaynabo.
DR. ADA I. RIVERA, of legal age, medicine doctor, with address Metropolitan
Detention Center, Highway 22, at the intersection of Roads 165 and 28, Guaynabo,
Puerto Rico, and telephone number (787) 749-4480. Codefendant Rivera is sued in her
official capacity as Clinical Director of the Metropolitan Detention Center in
Guaynabo and in her personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by ADA I.
RIVERA and her husband FULANO, whose real name is unknown at this time.
CHRISTINE MARRERO, of legal age, Registered Nurse, with address
Metropolitan Detention Center, Highway 22, at the intersection of Roads 165 and 28,
Guaynabo, Puerto Rico, and telephone number (787) 749-4480. For the time relevant to
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this complaint defendant Marrero was a Clinical Nurse at the Metropolitan Detention
Center in Guaynabo. Marrero is sued in both her official and her personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by CHRISTINE
MARRERO and her husband MENGANO, whose real name is unknown at this time.
ROBERTO CURRAS or "R. CURRAS", of legal age, with address
Metropolitan Detention Center, Highway 22, at the intersection of Roads 165 and 28,
Guaynabo, Puerto Rico, and telephone number (787) 749-4480. For the time relevant to
this complaint defendant Marrero was a Custody Officer at the Metropolitan Detention
Center in Guaynabo. Curras is sued in both his official and his personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by ROBERTO
CURRAS or "R. CURRAS, and his wife PERENCEJA, whose real name is unknown
at this time.
DR. JOSÉ MIRÓ, of legal age, medicine doctor, with address Metropolitan
Detention Center, Highway 22, at the intersection of Roads 165 and 28, Guaynabo,
Puerto Rico, and telephone number (787) 749-4480.
For the time relevant to this
complaint codefendant Miro was a physician at the Metropolitan Detention Center in
Guaynabo. Miro is sued in both his official and his personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by JOSE MIRO,
and his wife, whose real name is unknown at this time.
JOSE GARCIA, of legal age, medicine doctor, with address Metropolitan
Detention Center, Highway 22, at the intersection of Roads 165 and 28, Guaynabo,
Puerto Rico, and telephone number (787) 749-4480.
5
For the time relevant to this
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complaint codefendant Garcia was a physician at the Metropolitan Detention Center in
Guaynabo. Garcia is sued in both his official and his personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by JOSE GARCIA
and his wife, whose real name is unknown at this time.
BVR AMBULANCE BEST CARE, INC., Urbanización Villa Capri, 65th
Infantry Ave., San Juan, Puerto Rico, telephone number (787) 273-2138 and (787) 5796766. Codefendant BVR Ambulance Best Care, Inc., is the company that was called by
codefendant Marrero on August 5, 2012, to provide paramedical services to Jason
Michael Piñero-Vera. (787
BRYAN VELEZ, of legal age, President of BVR Ambulance Best Care, Inc.,
with address Urbanización Villa Capri, 65th Infantry Ave., San Juan, Puerto Rico, 00926,
telephone number (787) 273-2138 and (787) 579-6766. Codefendant Velez is sued in his
capacity as President of BVR Ambulance Best Care, Inc. In the event that BVR
Ambulance Best Care, Inc., is not a corporation authorized to do business in Puerto Rico,
then Velez is sued in his personal capacity.
THE CONYUGAL LEGAL PARTNERSHIP constituted by BRYAN
VELEZ, and his wife MENGANEJA, whose real name is unknown at this time.
ABC and DEF, whose real names are unknown at this time, of legal age, with
address Urbanización Villa Capri, 65th Infantry Ave., San Juan, Puerto Rico, 00926,
telephone number (787) 273-2138 and (787) 579-6766, are the paramedics of BVR
Ambulance Best Care, Inc., that went to the MDC in Guaynabo and transported Jason
Michael in an ambulance to the Puerto Rico Medical Center on August 5, 2012.
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THE CONJUGAL LEGAL PARTNERSHIP CONSTITUTED BY ABC and
DEF and their respective spouses.
GHI CORRECTIONAL HEALTH SERVICES, INC., whose real name and
address is unknown at this time, is a corporation authorized to do business in Puerto Rico
that by the time relevant to this complaint delivered health services to the inmates in the
Metropolitan Detention Center in Guaynabo under contract with the federal Bureau of
Prisons and/or the Metropolitan Detention Center in Guaynabo.
JKL CORPORATION, INC., whose real name and address is unknown at this
time, is a corporation authorized to do business in Puerto Rico that by the time relevant to
this complaint delivered security/custodial services to the Metropolitan Detention Center
in Guaynabo under contract with the federal Bureau of Prisons and/or the Metropolitan
Detention Center in Guaynabo.
MNO CORP., whose real name and address is unknown at this time, is a
corporation authorized to do business in Puerto Rico that by the time relevant to this
complaint delivered PHARMACY services to the Metropolitan Detention Center in
Guaynabo under contract with the federal Bureau of Prisons and/or the Metropolitan
Detention Center in Guaynabo.
PQR INSURANCE CO. and STU INSURANCE CO., are insurance companies
whose actual name, address and telephone number are unknown, but that for the time
relevant to this complaint had issued an insurance policy to respond for the actions
complained of in this suit.
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JOHN DOE and JANE DOE, are fictitious names to designate those persons and
entities whose acts or omissions at the time relevant to this complaint produced or
contributed to the unlawful death of Jason Michael Piñero-Vera.
IV.
JURY TRIAL
Plaintiffs request jury trial.
V.
STATEMENT OF FACTS
1.
Jason Michael Piñero-Vera, was born on September 2, 1987.
2.
Jason Michael had a long history of mental illness.
3.
By May 2012 Jason Michael had a diagnose of major depression, panic
attacks, schizophrenia, psycosis and bronchial asthma.
He was also suffering of
asymptomatic tachycardia (abnormally rapid heartbeat).
4.
At that time, Jason Michael was under the following medications
prescribed by his APS' psychiatrist: Geodon, Klonopin, Depakote and Doxepin.
5.
On June 27, 2012, and indictment was issued as to Jason Michael Piñero-
Vera for violating Title 18 USC Section 2119 (Carjacking), Criminal No. 12-506 (JAG).
6.
On June, 28, 2012, Jason Michael Piñero-Vera was arrested and brought
before Magistrate Judge, Hon. Camille Velez-Rive, who issued an Order to temporarily
detain him pending the Arraingment/Detention Hearing scheduled for July 3, 2012.
7.
At the Intake Screening interview on June 28, 2012 it was made clear that
"[i]nmate is a mental health patient that may need follow" and treatment. However, since
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Jason Michael´s incarceration at MDC in Guaynabo, defendants Jerry C. Martinez
(Warden), Ada I. Rivera (M.D.), Alex Seda (M.D.), Jose Miro (M.D.), José García
(M.D.) and Christine Marrero (Registered Nurse) unlawfully denied him the health
services he deserved and had the right to receive as a psychiatric patient. Also, although
Jason Michael was a chronic psychiatric patient, rather than being assigned to a cell
located in a psychiatric unit, he was assigned to a cell in the general inmate population.
Such assignment was contrary to the Bureau of Prisons Policy ("Medical Designation
Program") requiring to "moving inmates between institutions to match each inmate's care
level to the care level of the institution." There is no evidence on record that Jason
Michael was given orientation regarding sick call procedures, which constitutes a
violation of BOP policies and procedures.
8.
In violation of BOP policies, a written consent was not requested nor
obtained from Jason Michael for the administration to him of Tricyclic Antidepressant
Medication, Mood Stabilizing Medication, for the Use of Benzodiazepines, nor for the
Use of Atypical Antipsychotic Medication.
9.
On the Clinical Encounter-Administrative Note dated 06/29/2012,
codefendant Dr. Ada I. Rivera, M.D., stated: "Arrived with history of mental health
problems.
Medications were reconciled.
Will order labs and assign to clinic
appointment.
10.
On the Arraingment/Detention Hearing held on July 3, 2012 attorney for
Jason Michael argued in favor of granting him bail due to defendant Jason Michael
Piñero-Vera's serious mental health issues and not receiving treatment at the Metropolitan
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Detention Center, after which the Honorable Magistrate-Judge ordered that "a copy of
this minutes as well as a notice to MDC be taken in order for defendant [Jason Michael]
to be evaluated and receive treatment, since he gets quite aggressive when he doesn't
receive medication".
11.
The evaluation performed on Jason Michael by codefendant Dr. José
García, MLP, at the MDC in Guaynabo, on 07/09/2012, states, among other: Anxiety,
Panic episodes, Severe Depression, --Zanax [sic] 2 mg three times a day, Depakote
500mg twice a day, Doxepin 300mg at bedtime. From a psychiatric standpoint,
codefendant Garcia stated:
Mood-Down, Anxiety-Moderate, Sleep-Decreased,
Hallucinations-Visual, Hallucinations-Tactile, Flashbacks, Restless/Fidgety.
12.
Despite the Honorable Court´s Order, it is clear from the ¨Medication
Administration Record¨ that Jason Michael was left without medications up to July 15,
2012.
13.
On 07/19/2012, Jason Michael did not show to the Chronic Care ("CCC")
14.
However, the defendants did nothing regarding this absence, despite the
visit.
fact that Jason Michael had a " history of mental health problems".
15.
The visit to the Chronic Care Clinic was rescheduled for 07/23/2012.
16.
However, said appointment never took place.
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17.
On July 30, 2012, Jason Michael was evaluated at the Metropolitan
Detention Center in Guaynabo by codefendant Dr. Alex Seda.
18.
At that time, codefendant Seda's assessment was the following:
Reg # 40422-069
Inmate Name: PINERO-VERA, JASON
Description
Type
Axis I: Major depressive
ICD
Diag. Date
Status Status Date
Chronic
296.2
07/30/2012 Current
07/30/2012
Chronic
295.9
07/30/2012 Current
07/30/2012
Chronic
Axis II 07/30/2012 Current
07/30/2012
Chronic
G2
07/30/2012 Current
07/30/2012
07/16/2012 Current
07/16/2012
Disorder
07/30/12 15:31 EST
Seda, Alex MD
Axis I: Schizophrenia
07/30/12 15:31 EST
Seda, Alex MD
Axis II: Deferred
07/30/12 15:31 EST
Seda, Alex MD
Axis V: GAF 31-50
07/30/12 15:31 EST
Seda, Alex MD
History of unspecified
Temporary/ V11.9
Mental disorder
Acute
07/16/2012 9:06 EST
Rivera, Ada I
MD CD
19.
In the "Clinical Encounter" dated 07/30/2012, codefendant Seda noted:
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"Disposition: Follow-up at Sick Call as Needed"/Follow-Up at Chronic Care Clinic as
Needed"/"Return Immediately if Condition Worsens"/"Follow-up in 1 month".
20.
Codefendant Seda also stated: "Inmate was also receiving Celexa at home
but I am concerned about QT prolongation if medication is added to current regimen. [...]
Consider Psych consultation."
21.
Despite the fact that on the Arraingment/Detention Hearing held on July 3,
2012, Jason Michael's attorney warned about Jason Michael Piñero-Vera's serious mental
health issues and not receiving treatment at the Metropolitan Detention Center, and the
Magistrate Judge Hon. Camille Rivé's Order for defendant [Jason Michael] to be evaluated
and receive treatment, since he gets quite aggressive when he doesn't receive medication",
no psychiatrist had evaluated Jason Michael as of July 30, 2012.
22.
On August 5, 2012, codefendant Christine Marrero, Clinical Nurse at the
MDC in Guaynabo, started to work at the 3:30 pm shift. (C. Marrero August 29, 2012
statement.)
23.
When codefendant Marrero arrived to unit 2A, where Jason Michael
Piñero-Vera's cell was located, and administered medications to the inmates, she was
informed by codefendant OIC R. Curras that Jason Michael was pending. (C. Marrero
August 29, 2012 statement.)
24.
Curras also told codefendant Marrero that inmate Piñero-Vera has been on
his cell during the entire day. (C. Marrero August 29, 2012 statement.)
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25.
Codefendant Marrero replied that "it was the inmate's responsibility to
show up and take his medication." (C. Marrero August 29, 2012 statement.)
26.
On or about 7:30 pm or 7:45 pm of August 5, 2012, when Jason Michael
came up to the medication cart, he informed codefendant Marrero that he had not been
feeling well during the past few days. (C. Marrero August 29, 2012 statement; Inmate
Pacheco's statement to Clinical Nurse Keyla Rivera dated August 9, 2012))
27.
Codefendant Marrero had previously observed that Jason Michael had
tremors when holding objects in his hands. (C. Marrero August 29, 2012 statement.)
28.
Jason Michael was not being monitored for psychotropic medical side
29.
At that time, despite Jason Michael's opposition, codefendant Marrero
effects.
forced him to take twice the doses of the prescribed liquid medication known as Doxepin.
(Inmate Pacheco's, # 35774-069, statement to Keyla Rivera, MDC Clinical Nurse, in
Rivera's August 9, 2012 statement)
30.
Codefendant Marrero administered the double dose of the "clear liquid" in
front of codefendant OIC R. Curras and inmate Pacheco, # 35774-069. (Inmate
Pacheco's, # 35774-069, statement to Keyla Rivera, MDC Clinical Nurse, in Rivera's
August 9, 2012 statement; OIC Senior Officer Curras August 15, 2012, statement)
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31.
Prior to being locked down, inmate Pacheco, # 35774-069, took Jason
Michael to codefendant Officer Curras, because Jason Michael was not feeling and was
not being well.
32.
Codefendant Curras responded in careless manner, asking them to leave
and take Jason Michael back to his bed adding that the nurse was eating. (Inmate
Pacheco's, # 35774-069, statement to Keyla Rivera, MDC Clinical Nurse, in Rivera's
August 9, 2012 statement)
33.
As per codefendant Curras' orders, inmate Pacheco took Jason Michael
back to his bed. (Inmate Pacheco's, # 35774-069, statement to Keyla Rivera, MDC
Clinical Nurse, in Rivera's August 9, 2012 statement)
34.
At approximately 9:10 pm 2B OIC called and notified codefendant
Marrero that Jason Michael remained in his cell snoring. (C. Marrero August 29, 2012
statement.)
35.
Despite, codefendant Marrero did not go to Jason Michael's cell to verify
his condition, but rather stated that she would go to the unit during the count. (C. Marrero
August 29, 2012 statement.)
36.
At approximately 9:24 pm codefendant OIC Curras proceeded to inform
codefendant Marrero via telephone that Jason Michael was in a deep sleep and would not
wake up and that, in addition, he was snoring really hard. (OIC Senior Officer Curras
August 15, 2012, statement)
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37.
Codefendant Marrero told codefendant Curras that it was OK for Jason
Michael to be in such deep sleep because of the medication that she provided to him.
(OIC Senior Officer Curras August 15, 2012, statement)
38.
Codefendant OIC Curras replied that Jason Michael was not OK because
he couldn't wake up from his deep sleep. (OIC Senior Officer Curras August 15, 2012,
statement)
39.
Codefendant Marrero stated once again that Jason Michael was OK and
that she would make rounds during the 10:00 pm count. (OIC Senior Officer Curras
August 15, 2012, statement)
40.
Despite the fact that codefendant Curras had observed that Jason Michael
was in a critical condition, he took no other measures to protect Jason Michael's life in
light of codefendant Marrero´s refusal and deliberate indifference.
41.
At 10:25 pm 2B notified codefendant Marrero that Jason Michael had
fallen. (C. Marrero August 29, 2012 statement.)
42.
At approximately 10:34 pm, codefendant Curras called codefendant
Marrero via radio for the "second time", to see if she was going to make rounds and
check on inmate Jason Michael Piñero-Vera. (OIC Senior Officer Curras August 15,
2012, statement)
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43.
As codefendant Curras was calling codefendant Marrero, she was entering
the sally port and Curras let her into the unit and escorted her to cell 129. (OIC Senior
Officer Curras August 15, 2012, statement)
44.
When codefendant Marrero went into the unit, she found inmate Piñero-
Vera "sitting on the floor, breathing but unresponsive"; "with shallow breaths but
unresponsive.
(C. Marrero August 29, 2012 statement.; Bureau of Prisons "Health
Services Clinical Encounter dated 08/05/2012)
45.
At that point codefendant Marrero called the corridor officers via radio to
step into 2-A unit with a gurney. (OIC Senior Officer Curras August 15, 2012, statement)
46.
Operations Lieutenant and Corridor Officers were notified. (C. Marrero
August 29, 2012 statement.)
47. Beyond asking for a gurney, no emergency procedures were applied by
codefendant Marrero nor codefendant Curras at that moment to address the critical lifethreatening situation affecting Jason Michael in that moment.
48.
Jason Michael was placed in a gurney and the staff escorted him out of the
unit. (OIC Senior Officer Curras August 15, 2012, statement)
49.
Jason Michael was taken to MDC Health Services.
50.
According to Bureau of Prisons "Health Services Clinical Encounter dated
08/05/2012, codefendant Marrero evaluated Jason Michael at health services at 11:34 pm
(23:34 hr). (Bureau of Prisons "Health Services Clinical Encounter dated 08/05/2012)
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51.
When Jason Michael was brought to Health Services, vital signs indicated
that he had no pulse.
52.
Jason Michael also was wheezing, had cold cyanotic extremities, was pale
and had cardiopulmonary distress.
(Bureau of Prisons "Health Services Clinical
Encounter dated 08/05/2012)
53.
No oxygen ("O2") was administered to Jason Michael.
54.
Medical officer and PA on call were notified, but no physician was
available nor came to manage the critical situation.
55.
Paramedics were called, specifically codefendant BVR Ambulance Best,
56.
When codefendant paramedics ABC and DEF, who are employees of
Inc.
codefendant BVR Ambulance, arrived the only equipment they brought into the
institution was a gurney, despite the serious life-threatening condition affecting Jason
Michael.
57.
When Jason Michael arrived to the Puerto Rico Medical Center he had no
pulse, was not breathing, and had no blood pressure.
58.
Jason Michael lacked vital signs and the Puerto Rico Medical Center's
staff attempt at resuscitation with ACLS protocol, which includes endotracheal intubation
and a round of intravenous ("IV") medication was futile.
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59.
Jason Michael was pronounced dead at the Puerto Rico Medical Center at
11:40 pm of August 5, 2012.
60.
Jason Michael's corpse was taken to the Puerto Rico Forensic Sciences
Institute.
61.
Dr. Carlos Chavez, pathologist at the Forensic Sciences Institute, practiced
the autopsy on Jason Michael's corpse.
62.
The toxicology analysis established that Jason Michael's death was caused
by a letal dose of Doxepin, an oral antidepressant administered to Jason on the
Metropolitan Detention Center.
63.
At all times since Jason Michael's arrest, defendants had absolute control
over him, the medical care he received and the medication that was administered to him.
64.
Since Jason Michael's arrest on June 28, 2012 until his demise on August
5, 2012, the plaintiffs (his father, mother and sisters) were not able to see him because no
visits had been allowed during said time frame.
65.
During his confinement in the Metropolitan Detention Center in
Guaynabo, Jason Michael lacked adequate medical services.
66.
In an effort to administratively settle their claims under the Federal Torts
Claims Act (FTCA), 28 U.S.C. § 2672, plaintiffs wrote a formal grievance through a letter
dated November 16, 2012. (Exhibit 1)
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67.
Said letter was delivered to the Bureau of Prisons by the U. S. Department
of Justice. (Exhibit 2)
68.
Since no answer was received, on July 11, 2013 another letter was
delivered. (Exhibit 3)
69.
However, no response was received whatsoever.
70.
The Federal Bureau of Prisons (BOP) is responsible for confining federal
offenders in prisons and community-based facilities.
71.
As part of the Bureau of Prison's responsibility to house offenders in a safe
and humane manner, it has the obligation under the Eigth Amendment to the Constitution
of the United States Constitution to deliver medically necessary health care to its inmates
in accordance with proven standards of care. Estelle v. Gamble, 429 U.S. 97 (1976)
72.
Codefendant Charles S. Samuels, Jr., Director of the Bureau of Prisons,
has overall authority to provide for the care and treatment of persons within the BOP’s
custody. The Director has delegated this authority to codefendant Dr. Newton E. Kendig,
Assistant Director, Health Services Division (HSD). The Assistant Director, HSD is
responsible for directing and administering all activities related to the physical and
psychiatric care of inmates and, since Dr. Kendig holds, simultaneously, the position of
BOP´s Clinical Director, he is responsible for oversight of all clinical care provided at the
institution.
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73.
The responsibility for the delivery of health care to inmates at the
institution level is divided among various officials, staff, contractors, and others.
74.
Each institution has a Health Services Unit (HSU) responsible for
delivering health care to inmates.
75.
Each HSU ordinarily has a Clinical Director and a Health Services
Administrator who report to the Warden.
76.
Both the Clinical Director and the Health Services Administrator have
responsibilities related to the supervision and direction of health services providers at the
institution.
77.
According to BOP Program Statement P6010.02 Health Services
Administration, the BOP is responsible for delivering health care to inmates in accordance
with proven standards of care without compromising public safety concerns.
VI.
FIRST CAUSE OF ACTION
FEDERAL TORT CLAIMS ACT
THE NEGLIGENCE
78.
Plaintiffs reallege and incorporate herein by reference the allegations
contained in Section V of this complaint.
79.
Under the Federal Torts Claims Act (FTCA), the United States has
consented to be sued for damages for personal injury caused by "the negligent or
wrongful act or omission" of a federal employee "while acting within the scope of his
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employment," if under the same circumstances a private employer would be liable for the
acts of his employee under the local law. 28 U.S.C. §§ 1346(b), 2674, 2675(a). DiazRomero v. Mukasey, Diaz-Romero v. Mukasey, 514 F.3d 115 (1stCir. 2008).
80.
Defendant Bureau of Prisons and codefendants Dr. Ada I. Rivera, Dr.
Alex Seda, Dr. Jose Miro, José Garcia and Registered Nurse Christine Marrero's denial of
health care services in accordance with proven standards of care to Jason Michael PiñeroVera resulted in his psychiatric deterioration and finally, his death.
81.
Defendant Bureau of Prisons and its employees were negligent in the
administration of medication to Jason Michael Piñero-Vera and such negligence was the
direct cause of Jason Michael's intoxication with Doxepin.
82.
Codefendants Kendig and Martinez were negligent in the supervision of
their subordinates, and the observance by those subordinates of BOP Policies and
procedures.
83.
Defendant Bureau of Prisons and its employees were negligent in the
management of the emergency situation that arose on the evening of August 5, 2012, and
such negligence was the direct cause of Jason Michael Piñero-Vera's death.
84.
Defendant Bureau of Prisons was negligent in its failure to provide
adequate training to its employees to manage emergency situations such as the one that
took place on August 5, 2012 and that culminated in Jason Michael's death.
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85.
Defendant Bureau of Prisons was negligent in its failure to provide
adequate and necessary equipment to manage emergency situations such as the one that
took place on August 5, 2012 and that culminated in Jason Michael's death. Defendant
Bureau of Prisons was also negligent in its failure to provide adequate, competent and
sufficient staff to address the health services need of the MDC in Guaynabo inmate
population.
86.
Defendant Bureau of Prisons was negligent in failing to provide and
implement a protocol to manage emergency situations such as the one that took place on
August 5, 2012 and that culminated in Jason Michael's death.
87.
Since Jason Michael incarceration in the Metropolitan Detention Center in
Guaynabo, the federal Bureau of Prisons and its employees violated their own policies
related to medication and treatment of a psychiatric patient inmate.
88.
Defendant Bureau of Prisons was negligent in contracting private entities
and personnel incapable of managing emergency situations such as the one that took place
on August 5, 2012 and that culminated in Jason Michael's death.
89.
Defendant Bureau of Prisons was negligent in the supervision of the
private entities and personnel under contract to provide health services to the inmates.
90.
Defendant Bureau of Prisons was negligent in the contracting and
supervision of the private entities responsible to provide ambulance service to the MDC.
91.
The plaintiffs have suffered damages as a result of Jason Michael's death.
92.
Said damages are the direct result of defendants' negligence.
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93.
As a result of Jason Michael's death, the plaintiffs underwent and are still
undergoing through much pain and sufferings.
94.
MIGUEL ANGEL PIÑERO-COTTO, father of Jason Michael, has not
been able to cope with his only son's death. As a father he was not prepared to see his son
die when, despite being a psychiatric patient, Jason Michael was full of life. Jason
Michael was full of life, was very warm and affectionate to him. During all the time prior
to Jason Michael's arrest and incarceration, Jason Michael lived with the family and they
all spent a lot a time together. PIÑERO-COTTO and his wife Wanda Vera-González
responsibly took Jason Michael to his appointments with the psychiatrist and consistently,
appropriately, and timely administered to him the medications prescribed by his
psychiatrist.
95.
As a direct consequence of Jason Michael's demise, coplaintiff PIÑERO-
COTTO cannot sleep well, is still in deep sadness, is very anxious, has lost weight, lacks
concentration, has crying spells, and his diabetes has gone out of control. He misses his
son a lot. He feels like if time has stopped for him; that he will never be happy again, and
is deeply convinced that if his son would have been given the attention he deserved as a
human being while he was incarcerated, Jason Michael would still be alive.
96.
As a result of Jason Michael's demise, coplaintiff PIÑERO-COTTO has
had to undergo psychiatric treatment with Dr. Eduardo Prieto, who has diagnosed him
with a with a major depression and prescribed Ambien, Zoloft and Klonopin.
97.
PIÑERO-COTTO's damages are estimated in $1,000,000.00.
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98.
Coplaintiff WANDA VERA-GONZÁLEZ is the mother of Jason
Michael.
99.
She misses Jason Michael a lot. He was a surprise baby because she
thought that she could not have a baby at 30 years of age. Despite his mental health
problems, Jason Michael was very warm and affectionate to her. Jason Michael played
with toys (cars) like a little boy. He had aspirations, he wanted to study, he was always
happy. He would lay on bed on her side when she was not feeling well. For her, it is a
nightmare from which she cannot wake up. She cries every day, every time she goes into
Jason Michael's bedroom. She barely sleeps. She tries to be strong, but she can’t make
it. She has an immense and unbearable pain in her heart. Her blood pressure has gone
high and she suffers from headaches.
100.
After Jason Michael's demise, Coplaintiff VERA-GONZÁLEZ has been
under psychiatric treatment with Dr. Eduardo Prieto, who has prescribed her Prozac,
Klonopin, Paxil, and Ambien.
101.
Coplaintiff VERA-GONZALEZ' damages are estimated in $1,000,000.00.
102.
Coplaintiff JENIFFER PIÑERO-COTTO is Jason Michael's sister.
103.
For Jennifer, Jason Michael's death has been real hard. They always used
to watch tv together. He made coffee for her. He always looked out for her. She still
feels that she will go to his bedroom and will find him there. She cannot sleep, suffers
from nightmares, always sleepy, anxious, anxiety attacks, has become an isolated person,
has no interest in going out. When she gets home in the morning she expects to find him
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in the sofa and he is not there. When she passes by his bedroom is very difficult to get in.
One of the most difficult moments is when the family gets together to take their meals
and eats the food he used to like. She can barely make it.
104.
JENIFFER, who has been depressed and anxious, has been under
treatment with psychologist Dr. Marcos Figueroa and psychiatrist Dr. Ramses
Normandía. She has been diagnosed with depression and Post Traumatic Stress Disorded
(PTSD) and was prescribed Paxil, Ambien, and Klonopin.
105.
Coplaintiff JENIFFER PIÑERO-COTTO's damages are estimated in
$800,000.00.
106.
Coplaintiff JULISSA PIÑERO-NEGRON is Jason Michael's sister.
107.
As a paramedic, it has been very difficult for Julissa to overcome her
brother's death since she is convinced that if he had been afforded the standard of care for
his psychiatric illness and for the emergency situation he underwent as a result of the
intoxication with the medication administered to him by the MDC Guaynabo's clinical
nurse, he would still be alive.
108.
Julissa is very angry and sad and, although she did not live in the same
house with Jason and family, she misses him lot.
109.
Coplaintiff JULISSA PIÑERO-NEGRON's damages are estimated in
$300,000.00.
VII.
SECOND CAUSE OF ACTION
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BIVEN'S ACTION FOR VIOLATION OF RIGHTS GUARANTEED BY THE
EIGTH AMENDMENT TO THE U.S. CONSTITUTION
110.
In Bivens v. Six Unknown Named Agents of the Federal Bureau of
Narcotics, 403 U.S. 388 (1971) the United States Supreme Court held that "a person may
sue a federal official in his or her individual capacity for damages arising out of a
constitutional violation committed under color of federal law." Santoni v. Potter, 369 F.3d
594, 598 (1st Cir. 2004). The Supreme Court further established that the victims of a
constitutional violation by a federal agent have a right to recover damages against the
official in federal court despite the absence of any statute conferring such a right. Carlson
v. Green, 446 U.S. 14 (1980).
111.
In Estelle v. Gamble, 429 U.S. 97 (1976), the U.S. Supreme Court
concluded that an inmate’s right to medical care is protected by the U.S. Constitution’s
Eighth Amendment guarantee against cruel and unusual punishment.
112.
Prison officials violate the Constitution if they are deliberately indifferent
to prisoners' serious medical needs. Estelle, 429 U.S. at 104.
113.
Accordingly, a claim based on deficient medical care must demonstrate
two elements: 1) an objectively serious medical condition; and 2) an official's deliberate
indifference to that condition. See Johnson v. Snyder, 444 F.3d 579, 584 (7th Cir. 2006);
see also Roe v. Elyea, 631 F.3d 843, 857 (7th Cir. 2011). "Deliberate indifference to
serious medical needs of a prisoner constitutes the unnecessary and wanton infliction of
pain forbidden by the Constitution." Rodriguez, 577 F.3d at 828 (quoting Estelle, 429 U.S.
at 103).
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114. Codefendants Dr. Ada I. Rivera, Dr. Alex Seda, Dr. Jose Miró, Registered
Nurse Christine Marrero, José García and Officer R. Curras were all informed of Jason
Michael's objectively serious medical condition.
115.
Beginning with the Intake Screening Form dated June 28, 2012 and
throughout all the medical record to which codefendants Dr. Ada I. Rivera, Dr. Alex Seda,
Dr. Jose Miró, José García, and Registered Nurse Christine Marrero had access, it was
clear that Jason Michael was "a mental health patient that [... needed] follow up and
treatment"; that Jason Michael had a history of major depression and schizofrenia
originally diagnosed when he was 17 years old, that he had been hospitalized several times
in the past and that his last hospitalization was in January 2012 after a suicide attempt.
116.
On August 5, 2012, despite being aware of the chronic mental health
condition of Jason Michael, codefendant Christine Marrero was deliberately indifferent to
the several calls made to her requesting her presence to provide emergency attention to
Jason Michael.
117.
Codefendant R. Curras was deliberately indifferent when he was alerted
by inmate Pacheco about Jason Michael's critical health condition on August 5, 2012 and
refused to address the situation, telling them not to bother and return to their cells.
118.
Codefendant R. Curras was deliberately indifferent when, given the fact
that codefendant Marrero refused to come to give emergency care to Jason Michael, he did
not take any further action such as calling his supervisor to request the presence of the
physician on duty.
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119.
Codefendants Rivera, Seda, Miro, and Garcia were deliberately indifferent
when, despite being informed of the chronic mental health illness of Jason Michael, they
did not monitored the damaging effects that the medications prescribed and/or
administered to Jason were having on him. BOP policies require that mentally ill
prisoners be monitored on an ongoing basis to assess treatment compliance. BOP
Program Statement 5310.13, “Institution Management of Mentally Ill Prisoners,” at 5.
120.
Codefendants Rivera, Seda, Miro, and Garcia were deliberately indifferent
when, despite being informed of the chronic mental health illness of Jason Michael, they
did not follow up on how their orders were carried out by the Clinical Nurse. The
physician´s responsibility is not discharged by simply leave the orders to be implemented
by another health care professional.
In case of an emergency, this duty is continuous.
Nuñez v. Cintrón, 115 D.P.R. 598. The above named defendants are liable in their
personal capacity for the damages caused to plaintiffs as a result of their deliberate
indifference that terminated Jason Michael's life.
121.
The damages suffered by each of the plaintiff are the direct result of the
above named defendants deliberate indifference and are estimated in $1,000,000.00 for
each plaintiff.
122.
Jason Michael also suffered intense pain in his agony which ended up in
his death as a result of defendants´ deliberate indifference.
Jason Michael´s cause of
action for the damages suffered by him, which are estimated in $1,000,000.00, is inherited
by his parents, coplaintiffs Miguel Piñero and Wanda Vera. Vda. De Delgado v. Boston
Insurance, 101 D.P.R. 598 (1973).
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VIII.
THIRD CAUSE OF ACTION
BVR AMBULANCE BEST CARE, INC., LIABILITY UNDER ARTICLE 1802 OF
THE PUERTO RICO CIVIL CODE
123.
Plaintiffs reallege and incorporate herein by reference the allegations
contained in Section V of this complaint.
124.
Article 1802 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5141, states:
Any person who by an act or omission causes damage to another through fault
or negligence shall be obliged to repair the damage so done. Concurrent
imprudence of the party aggrieved does not exempt from liability, but entails a
reduction of the indemnity.
125.
When codefendant paramedics ABC and DEF, who are employees of
codefendant BVR Ambulance, arrived the only equipment brought into the institution
was a gurney, despite the serious condition threatening Jason Michael's life.
126.
BVR Ambulance Best, Inc., was negligent in recruiting personnel that was
not qualified for the emergency services they are obliged to provide. ("Culpa in
contrahendo")
127.
BVR Ambulance Best, Inc., was negligent in failing to adequately train its
employees and to supervise them to assure that they were qualified for the emergency
services they are to provide. . ("Culpa in vigilando")
128.
Codefendant BVR negligence contributed to Jason Michael's death.
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129.
GHI CORRECTIONAL HEALTH SERVICES, INC., whose real
name and address is unknown at this time, is a corporation authorized to do business
in Puerto Rico that by the time relevant to this complaint delivered health services to
the inmates in the Metropolitan Detention Center in Guaynabo under contract with
the federal Bureau of Prisons and/or the Metropolitan Detention Center in
Guaynabo.
130. GHI CORRECTIONAL HEALTH SERVICES, INC., personnel intervened
with Jason Michael and their negligence was the proximate cause, altogether with the
negligence of codefendant BOP´s and codefendant BVR Ambulance´s personnel was the
proximate cause of Jason Michael´s demise.
131.
JKL CORPORATION, INC., whose real name and address is
unknown at this time, is a corporation authorized to do business in Puerto Rico that
by the time relevant to this complaint delivered security/custodial services to the
Metropolitan Detention Center in Guaynabo under contract with the federal Bureau
of Prisons and/or the Metropolitan Detention Center in Guaynabo. Its personnel
intervened with Jason Michael and their negligence was the proximate cause, altogether
with the negligence of codefendant BOP´s and codefendant BVR Ambulance´s personnel
and GHI CORRECTIONAL HEALTH SERVICES, INC.´s personnel, was the proximate
cause of Jason Michael´s demise.
132.
MNO CORP., whose real name and address is unknown at this time,
is a corporation authorized to do business in Puerto Rico that by the time relevant to
this complaint delivered PHARMACY services to the Metropolitan Detention Center
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in Guaynabo under contract with the federal Bureau of Prisons and/or the
Metropolitan Detention Center in Guaynabo. Its personnel intervened with Jason
Michael and their negligence was the proximate cause, altogether with the negligence of
codefendant
BOP´s
and
codefendant
BVR
Ambulance´s
personnel
and
GHI
CORRECTIONAL HEALTH SERVICES, INC.´s personnel, JKL Corp., MNO Corp. was
the proximate cause of Jason Michael´s demise.
133. JOHN DOE and JANE DOE, are fictitious names to designate those
persons and entities whose acts or omissions at the time relevant to this complaint
produced or contributed to the unlawful death of Jason Michael Piñero-Vera. JOHN
DOE and JANE DOE intervened with Jason Michael and their negligence was the
proximate cause, altogether with the negligence of codefendant BOP´s and codefendants
BVR Ambulance´s personnel and GHI CORRECTIONAL HEALTH SERVICES, INC.´s
personnel, JKL Corp., MNO Corp., JOHN DOE and JANE DOE was the proximate cause
of Jason Michael´s demise
134. As a direct consequence of the above named defendants´ negligent acts or
omissions the plaintiffs suffered damages which are estimated in $200,000.00 for each
plaintiff.
135.
In addition, Jason Michael also suffered intense pain in his agony which
ended up in his death as a result of defendants´ deliberate indifference. Jason Michael´s
cause of action for the damages suffered by him, which are estimated in $1,000,000.00, is
inherited by his parents, coplaintiffs Miguel Piñero and Wanda Vera. Vda. De Delgado v.
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Boston Insurance, 101 D.P.R. 598 (1973). The above named defendants are liable and
respond to plaintiffs for such damage.
136.
PQR INSURANCE CO. and STU INSURANCE CO., are insurance
companies whose actual name, address and telephone number are unknown, but that for
the time relevant to this complaint had issued an insurance policy to respond for the
actions complained of in this suit.
137.
PQR INSURANCE CO. and STU INSURANCE CO., are liable for the
negligent acts or omissions of their insured.
IX. FOURTH CAUSE OF ACTION
DAMAGES UNDER ARTICLE 1803 OF THE PUERTO RICO CIVIL CODE
138.
Plaintiffs reallege and incorporate herein by reference the allegations
contained in Section V of this complaint.
139.
Article 1803 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5142, states:
The obligation imposed by § 5141 of this title is demandable, not only for
personal acts and omissions, but also for those of the persons for whom they
should be responsible.
[…]
Owners or directors of an establishment or enterprise are likewise liable
for any damages caused by their employees in the service of the branches in
which the latter are employed or on account of their duties.
[…]
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The liability referred to in this section shall cease when the liable persons
mentioned therein prove that they employed all the diligence of a good father of a
family to preclude the damage.
140.
Codefendants BVR Ambulance´s personnel and GHI CORRECTIONAL
HEALTH SERVICES, INC., JKL Corp., MNO Corp., JOHN DOE and JANE DOE are
liable to the plaintiffs and respond to the plaintiffs for the damages suffered by them as a
result of this violation of a constitutional right.
141.
As a direct consequence of codefendant BVR negligent acts or omissions
the plaintiffs suffered damages which are estimated in $1,000,000.00 for each plaintiff.
X. FIFTH CAUSE OF ACTION
VIOLATION OF THE DIGNITY CLAUSE OF THE CONSTITUTION OF
THE COMMONWEALTH OF PUERTO RICO
142.
Plaintiffs reallege and incorporate herein by reference the allegations
contained in Section V of this complaint.
143.
Section 1 of Article II (Bill of Rights) of the Constitution of the
Commonwealth of Puerto Rico states:
§
1. Human
dignity
and
equality;
discrimination
prohibited
The dignity of the human being is inviolable. […]
144.
By their illegal actions, the Defendants violated Plaintiffs’ rights under the
provisions of the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico.
145.
Plaintiffs’ damages under said provisions are estimated in TWO
HUNDRED THOUSAND DOLLARS ($200,000.00) for each plaintiff.
XI.
146.
REMEDIES
It is respectfully requested from this Honorable Court:
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a.
To enter Judgment ordering to the Defendants to pay the Plaintiffs the
amounts of money requested in this Complaint to compensate plaintiffs for the damages
suffered by them as a result of Defendants unlawful a actions.
b.
To award plaintiffs a reasonable amount in attorney fees, plus costs, expert
witness fees, and other litigation expenses.
c.
To grant any other remedy the Court may deem necessary to vindicate
plaintiffs’ rights.
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 5th of August 2013.
S/Efraín Maceira-Ortiz
Efraín Maceira-Ortiz, Esq.
USDC # 215511
Urb. Pérez Morris
31 Mayagüez St.
San Juan, Puerto Rico 00917-4917
Tel. (787) 250-0002 Fax: (787) 754-6411
Email: [email protected]
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