The News Journal Article by Lee Williams and Esteban
Parra October 4, 2005
Care provider settles inmate family lawsuitA private medical
company running health care in Delaware's prisons has settled a wrongful
death lawsuit brought by the family of Anthony Pierce, a 21-year-old
inmate known by cellmates as "the brother with two heads."
Terms of the settlement were not disclosed.
Pierce was serving 14 months for a parole violation stemming from a
burglary charge when a small lump appeared on the back of his head. At
the time, a prison doctor employed by St. Louis-based Correctional
Medical Services said the marble-size lump was most likely a cyst or an
ingrown hair.
The tumor kept growing, though, and on March 22, 2002, Pierce died
from a "brain tumor, due to osteosarcoma of the skull," according to an
autopsy report.
On behalf of Pierce's estate and his daughter Sardia, Dover attorney
Steve Hampton filed suit against CMS on Sept. 29, 2004. The lawsuit had
been scheduled for a jury trial next month.
Hampton said Monday the case was "resolved to the satisfaction of all
parties."
"We'll get the necessary court approvals and the case will be
finalized," Hampton said.
In a story about the case published by The News Journal on Sept. 25,
the first day of a four-day series on inmate health care, Ken Fields, a
spokesman for CMS, said the company "vigorously" disputes the claims
made by Hampton in the suit.
"We can affirmatively tell you that [Pierce] was seen frequently by
health care staff that took his care seriously," Fields wrote in a
statement faxed to The News Journal. "To view it retrospectively, using
information that was not available to the caregivers at the time, takes
this out of context."
Reached late Monday, Fields said: "I have no information on that
particular matter, however health care providers often resolve
litigation to avoid the ongoing cost of litigation and the resources
that may be required to fight litigation."
Earlier this year, Delaware Correction Commissioner Stan Taylor
awarded CMS a no-bid $25.9 million contract to replace outgoing prison
medical contractor First Correctional Medical of Tucson, Ariz. Gov. Ruth
Ann Minner approved the deal, although she called the CMS deal an
extension of the old contract.
Near the end of Pierce's life, the tumor stretched the skin around
his face, pulling his right eye closed, causing muscle spasms and
crippling pain.
Pierce's death was never reported to the public or to federal prison
regulators by the Department of Correction because he was released to
his family before brain cancer killed him. |