Lawsuit: Jail contractor Wellcon, Inc.
withheld prescription medication, caused needless suffering
SALT
LAKE CITY, July 2, 2024 /PRNewswire/ -- The mother of
a man who died in a Salt Lake City
jail after a corporate jail contractor withheld his prescription
medication has been awarded $2
million by a state district court jury, The Spence Law Firm,
LLC and co-counsel said today.
Janis Aus accused Salt Lake City-based Wellcon, Inc., of
abruptly discontinuing her son Jeremy
Aus's prescription medication when he was booked into the
jail on Nov. 6, 2013. Jeremy Aus died 10 days later, on Nov. 16, 2013, after he suffered from severe
withdrawal from his benzodiazepine anxiety medication. He was
facing misdemeanor charges.
The standard of care required the prescribing nurse to taper his
medication, rather than abruptly discontinuing it, and to monitor
Jeremy for 10 to 14 days for signs of severe withdrawal. The
company did neither, the evidence showed. Throughout the 10 days,
Jeremy consistently requested his medication, then suffered up to
nine seizures the night he died.
The jury returned its verdict on Monday, finding the company's
employee, an advanced practice registered nurse (APRN) breached the
medical standard of care and caused injury, pain and suffering to
Jeremy Aus.
Janis Aus is represented by
Mel C. Orchard, III and Emily S. Madden, of The Spence Law Firm, LLC, of
Jackson, Wyo., Daniel Baczynski, of Baczynski Law, PLLC, of
Draper, Utah, and Tyler B. Ayres, of the Ayres Law Firm, of
Draper, Utah.
Co-lead counsel Emily S. Madden,
of The Spence Law Firm, said: "Jeremy needlessly suffered from
benzodiazepine withdrawal. The prescription wasn't given simply
because was accused of a crime. We hope this verdict reminds
correctional care providers of their obligations to provide
appropriate care, even for the incarcerated."
Mel C. Orchard, III, of The
Spence Law Firm, said, "Denied his prescription medication,
Jeremy Aus suffered over 10 days
simply because Wellcon, Inc. ignored medical guidelines and the
risks of forcing someone to abruptly discontinue use of
prescription medication. We respect the courage of Janis Aus to seek justice in this case."
Janis Aus previously settled
federal claims against the Salt Lake
County Jail.
The case is Janis Aus vs.
Wellcon, Inc., Case No. 210906801, in the Third Judicial
District Court of Salt Lake County,
Utah.
Contact: Erin Powers, Powers
MediaWorks LLC, for The Spence Law Firm, LLC, 281.703.6000,
info@powersmediaworks.com.
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SOURCE The Spence Law Firm, LLC