Case details

Imprisoned schizophrenic not monitored with medication: suit

SUMMARY

$1700000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, head
FACTS
On Nov. 17, 2014, plaintiffs’ decedent Eric Loberg, 48, a man with a medical history that included a diagnosis of paranoid schizophrenia, escaped from Olive View-UCLA Medical Center, a non-county residential mental health facility in Sylmar, and was arrested by the Pomona Police Department. The next day, he was transferred to the Los Angeles County Sheriff’s Department’s custody. Loberg was previously seen in the Los Angeles County Sheriff’s Department Inmate Reception Center on Sept. 10, 2013. Eight days later, he was examined by a jail mental health psychiatrist, Dr. Phuong Truong, who noted that Loberg had a disorganized thinking pattern and had difficulty answering questions. Truong’s assessment indicated that Loberg was at low risk for suicide and, therefore, approved Loberg for single inmate housing. On Sept. 27, 2013, Loberg was taken to Olive View-UCLA Medical Center to receive psychiatric treatment. Three days later, Loberg was transferred to Kedren Community Health Center Inc., a non-county psychiatric facility in Los Angeles, where he stayed until his release on Nov. 21, 2013. During the course of the following 12 months, Loberg was again admitted to Kedren and Olive Vista. While at Olive Vista, Loberg eloped twice, but was later found and brought back. However, when he eloped from Olive Vista again on Nov. 17, 2014, Loberg was later found and arrested by the Pomona Police Department and then transferred to the custody of the Los Angeles County Sheriff’s Department. Loberg was conserved by the Los Angeles County Office of the Public Guardian, and the basis for his arrest was his failure to contact a probation officer for a case that he received probation for the year before. After being evaluated, Loberg was housed in the general population mental health service area, rather than the Forensic Inpatient Unit, of Twin Towers Correctional Facility, a two-tier unit at the Los Angeles County men’s central jail. Throughout the week, Loberg was noted to have a 20-percent compliance rate in taking his prescribed medication. Then, on Nov. 26, 2014, Loberg jumped from the upper tier of the public area where he was being housed. He subsequently sustained a traumatic head injury and died approximately one week later. The decedent’s adult daughters, Maria Loberg and Erica Loberg, sued the decedent’s treating physicians, Dr. Stephen Shea, Dr. Marvin Southard and Dr. Phuong Truong; Sheriff Lee Baca; Interim Sheriff John Scott; and the individual defendants’ employer, the county of Los Angeles. The decedent’s daughters alleged that the defendants acted with deliberate indifference in violation of the decedent’s Eighth Amendment rights. Plaintiffs’ counsel asserted that despite the decedent’s history of mental illness and refusal to take psychotropic medication while at Twin Towers Correctional Facility, and despite a request from the county’s Office of the Public Guardian that the decedent be placed in mental health housing, the decedent was housed in the less secure Twin Towers Correctional Facility, a two-tier unit. Thus, counsel asserted that the Los Angeles County Sheriff’s Department and Department of Mental Health failed to recognize the decedent’s suicide risk and prevent it., Eric Loberg sustained blunt force trauma to his head and was immediately transported to LAC+USC Medical Center, in Los Angeles. He ultimately died as a result of his traumatic head on Dec. 4, 2014. Loberg was 48 years old. He was survived by his adult daughters, Erica Loberg and Maria Loberg. The decedent’s daughters sought recovery of wrongful death damages for the loss of their father.
COURT
United States District Court, Central District, Los Angeles, CA

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