St. Clair County points finger at CHS TX in lawsuit over jail injury

Attorneys for St. Clair County have issued a response to a lawsuit that alleges it neglected a woman's medical needs when she reportedly fell from a bunk bed and broke her neck in the jail.

The response asks the court to dismiss Lisa Brown's case against the jail and deputies, saying they do not bear responsibility for Brown's injuries, and to order CHS TX Inc., the company that is contracted to handle the medical care at the jail, to cover any legal costs in the case, arguing the company is in breach of contract by not doing so.

Brown filed the lawsuit in October alleging that after she fell out of the bed and jail staff did not take her to a hospital for two days, time her attorney Brian Mckeen says could have made the difference in her eventual paralysis.

More: Former inmate sues St. Clair County jail, says she was paralyzed by untreated injury

The answer only responds to charges against the jail and its staff, not CHS TX Inc., formerly known as Corizon Health.

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The only law enforcement officer not represented in the response is John McWaters, whom attorney Todd Shoudy, representing St. Clair County, said was never employed by the St. Clair County Sheriff's Office in Michigan. The response states McWaters appears to be a chief deputy with the St. Clair County Sheriff's Office in Alabama.

The county's response does not dispute Brown was injured while in the jail and that a nurse determined she could not move even with help. It also does not dispute that jail deputies moved Brown in her bed when she was unable to move herself.

According to the lawsuit, a nurse told Dr. Imhotep Carter, the doctor on duty at the time, about Brown's inability to move and that Carter told her to continue to observe Brown. The same nurse sought a second opinion from the on-call physician, who told the nurse to call an ambulance for Brown immediately.

The jail's response stated that CHS TX staff attributed Brown's immobility to detoxification from drugs and she was placed in an observation cell based on that diagnosis.

A court filing from CHS TX states Carter died on Nov. 3, just 11 days after the lawsuit was filed. An obituary for Carter was included in the court filing.

St. Clair County argues its contract with CHS TX requires the medical provider to take legal responsibility for Brown's injuries, and that its deputies acted on the advice of medical personnel.

"(A)ny of the claimed liability against the County and/or the Individual County Defendants from the original action (as amended) filed by Ms. Brown is the sole responsibility of Defendant CHS TX, Inc. pursuant to a contract between St. Clair County and CHS TX, Inc.," the response states.

The response goes on to cite the county's Health Services Agreement. Shoudy said that St. Clair County's jail deputies acted on the diagnosis given by CHS TX, and therefore the contract requires CHS TX to "protect" the county from any legal liability relating to Brown's medical care.

"The Individual County Defendants performed all of their assigned responsibilities, including regular cell checks of Ms. Brown, and acted in reliance upon the medical opinions of CHS TX, Inc. employees, all of whom were medical professionals," Shoudy wrote in the response.

Brian McKeen, Brown's attorney, said St. Clair County still bears responsibility for Brown's injuries, saying a layperson would have known she needed a doctor when she couldn't move after a fall. McKeen said he also intended to continue the case against Carter's estate despite his death.

CHS TX Inc. has not issued a response, either to the lawsuit or the county's response. A deadline for responses has been set for Jan. 29.

Shoudy said St. Clair County still has a contract with CHS TX that expires Aug. 31. According to the contract, St. Clair County is paying CHS TX $2,619,555 for its services between Aug. 31, 2023, and Aug. 31, 2024.

Contact Johnathan Hogan at jhogan@gannett.com.

This article originally appeared on Port Huron Times Herald: St. Clair County points finger at CHS TX in lawsuit over jail injury