In a medical malpractice case that was filed on Tuesday, a jury granted the mother of a man who passed away in the Salt Lake County Jail over ten years ago $2 million.
A news release from the Spence Law Firm and court records state that on November 16, 2013, Jeremy Aus passed away in the Salt Lake County Jail while he was awaiting trial on misdemeanor charges. According to the lawsuit, a contracted nurse’s refusal to give him his prescribed prescription caused his death.
The jail has a contract with Wellcon, Inc., the company the nurse worked for, to provide medical care to prisoners. Janis Aus, the mother of Jeremy Aus, sued Wellcon, Inc. in 2021 for medical misconduct.
On Tuesday, July 2, the jury decided there was insufficient evidence to establish that Janis Aus’s son’s death was due to a violation of standards, thus they gave her $2 million instead as compensation for the anguish and suffering her son had prior to his passing.
The demise of Jeremy Aus
Jeremy Aus had been using the benzodiazepine Clonazepam for anxiety for more than ten years, according to the lawsuit. Although the medical staff at the jail was aware of his prescription, they apparently declined to provide it to him since Wellcon did not have a protocol in place for writing prescriptions for benzodiazepines.
In order to avoid hazardous withdrawal symptoms, the Federal Bureau of Prisons (BOP) advises tapering off the medicine gradually rather than stopping it completely.
According to the lawsuit, despite BOP guidelines, it was common for the nurse and Wellcon as a whole to deny inmates benzodiazepines without gradually weaning them off of the drug.
The nurse allegedly turned down Jeremy Aus’s repeated requests for his medication, according to the prosecution. Around 8 p.m., more than a week after Jeremy Aus was hauled into jail, nurses were called to his cell due to reports of a suspected seizure.
Prosecutors say the nurses did nothing more to help Jeremy Aus, even though they allegedly discovered him lying on his back and used ammonia to wake him. According to his cellmate, Jeremy Aus experienced four to six seizures that evening.
The cellmate informed staff that he was not breathing and was not responding at about ten o’clock at night. It was announced at 10:05 p.m. same night that Jeremy Aus had passed away.
The lawsuit stated that, “By abruptly discontinuing Jeremy’s Clonazepam prescription, Wellcon caused Jeremy’s death from benzodiazepine withdrawal.”
Read Also: Charges Filed Against 78-Year-Old Driver in Deadly SF Bus Stop Accident, Family Died
The jury’s decision
The jury found that the nurse had violated the standard of care by failing to keep an eye out for any indications of withdrawal in Jeremy Aus, which resulted in harm, suffering, and/or pain. They did not, however, draw the conclusion that the nurse’s negligence led to his demise.
The jury finally determined that there was insufficient evidence to establish that the nurse “broke the standard of care” by failing to gradually wean him off the benzodiazepine, despite the lawsuit’s assertion that the nurse’s decision to abruptly stop his prescription was the reason he died.
The jury gave Janis Aus $2 million after concluding that the defendant was at fault for failing to adequately supervise Jeremy Aus.
“Jeremy needlessly suffered from benzodiazepine withdrawal,” Co-lead Counsel Emily S. Madden stated. “The prescription wasn’t given simply because [he] was accused of a crime. We hope this verdict reminds correctional care providers of their obligations to provide appropriate care, even for the incarcerated.”
According to the press release, Janis Aus has resolved federal claims against the Salt Lake County Jail in addition to this most recent litigation.
