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Defendants.
TO THE DEFENDANTS ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of
which is hereby served upon you, and to serve a copy of your Answer to this Complaint upon the
subscriber at the address shown below, within thirty (30) days after service hereof, exclusive of the day
of such service, and if you fail to Answer the Complaint, judgment by default will be rendered against
you for the relief demanded in the Complaint.
Defendants.
County of Horry, State of South Carolina. As the natural father of the decedent
Probate Court dated August 28, 2015 under case number 2015-ES-26-01806.
the State of South Carolina as defined in Section 15-78-10 et seq. of the Code
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mentioned in this complaint, this Defendant owned and/or operated the Myrtle
through its agents, servants, and/or employees. Additionally, during the time
period set out in the complaint, these employees were operating within the
of the State of South Carolina, existing under the laws of the State of South
Carolina (as defined by Section 15-78-10 et seq. of the Code of Laws of South
Carolina (1985), as amended) and has facilities located in the County of Horry,
Defendant owned and/or operated its own Detention Section and acted and
carried on its business by and through its agents, servants, and/or employees.
Additionally, during the time period set out in the Complaint, these employees
were operating within the scope of their officially assigned and/or compensated
duties.
subdivision of the State of South Carolina, existing under the laws of the State
of South Carolina (as defined by Section 15-78-10 et seq. of the Code of Laws of
South Carolina (1985), as amended) and has facilities located in the County of
this Defendant owned and/or operated the Horry County Detention Center and
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acted and carried on its business by and through its agents, servants, and/or
employees. Additionally, during the time period set out in the Complaint, these
employees were operating within the scope of their officially assigned and/or
compensated duties.
located in Horry County, South Carolina, and carried on its business by and
through its agents, servants, and/or employees. Additionally, during the time
period set out in the Complaint, these employees were acting within the scope
all times mentioned in this Complaint, had a contractual relationship with the
Horry County Detention Center and/or Horry County Sheriffs Office, to provide
the Detention Center. During the time period set out in the complaint, this
Defendant acted and carried on its business by and through its agents,
the nursing staff and Dr. Bush. Additionally, at all times mentioned herein, a
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7. Upon information and belief, the Defendant, Charles A. Bush,
Additionally, at all times mentioned in the Complaint, Dr. Bush was acting as
the responsible physician with regard to the medical care being administered to
the detainees at the Horry County Detention Center. At all times mentioned in
the Complaint, Dr. Bush had a doctor-patient relationship with the Decedent.
the act under these circumstances). However, since the incident giving rise to
this cause of action occurred after the effective date of the Act, the Plaintiff
herein is both filing this Summons and Complaint against the Defendant, while
the Act, including those provided for in sections 15-79-120, 15-70-100, and
15-36-100 of the South Carolina Code of Laws. Should the Defendant concede
requirements are applicable to the causes of action alleged in this case, the
Plaintiff agrees or concedes that the case should continue pursuant to the
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Notice of Intent and the applicable provisions of the Medical Malpractice
Reform Act of 2005. Additionally, if the Defendant concedes that the Medical
Malpractice Reform Act of 2005 does not apply to governmental entities, then
the Plaintiff will agree to dismiss its Notice of Intent to Sue (filed
simultaneously herewith) and proceed with this action under the above-
mentioned Complaint.
in Horry County.
FACTS
18, 2015 at approximately 8:40pm. Incident reports filled out by MBPD officers
indicate that the decedent was found stumbling through a parking lot smelling
strongly of alcohol. Plaintiff is informed and believes that at this time MBPD
officers knew or should have known that the decedent required immediate
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headquarters in the Ted. C. Collins Law Enforcement Center on North Oak
Street in Myrtle Beach, SC. A medical screening history form filled out by
MBPD officers document that the decedent had a history of type 2 diabetes,
epilepsy, and high blood pressure and that he was currently under a
physicians care for HIV and his diabetes. This form further documents that the
made to get the decedent evaluated and/or treated by any medical professional
and/or placed into observation for possible detox. At this time the failure of
the Defendant MBPD (by ad through their employees) to transport the decedent
to the closest medical facility was a gross breach in the appropriate standard of
professional conduct.
13. Instead the decedent was transported and booked into the Horry
11:30am. The Plaintiff is informed and believes that the decedent had been
were well aware of his numerous illnesses and conditions. During the intake
process it was determined by the detention and medical staff that the decedent
suffered from and/or had a medical history of diabetes and high blood pressure
both of which he took medications for. The initial booking medical screening
indication that Mr. Floyd was placed under observation and/or immediately
seen by medical. Failure to ensure that the decedent was seen by medical staff
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or to send the decedent immediately to the closest hospital was a gross breach
diabetic with high blood pressure and orders are begun to continue the
decedents medications that were brought in with him. Vitals taken at this time
show that Mr. Floyds blood sugar level was over 300 and he had a BP reading
that his blood sugar and blood pressure levels could be closely monitored;
however, this was ignored by security staff. During this time, the decedent was
never seen or examined by a physician. The failure of the jail and nursing staff
standard of care. If there was no physician on call then it was a gross deviation
from the acceptable standard of medical care not to have the decedent
into B3-Pod (Special Needs unit) cell B111. Plaintiff is informed and believes
that this unit was set up to house those detainees that suffered from chronic
illnesses and who would need to be followed closer by medical; however, when
medical personnel came to the unit they did not see the decedent. On several
occasions there is an indication that the decedent refused care. This is yet
another reason to have the decedent sent to the nearest hospital. Failure to
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closely monitor someone in the decedents condition is a gross deviation from
16. Records indicate that the decedent received no medical care after
his placement into the B3-Pod this would include and not be limited to
receiving medication and/or his blood sugar and pressure checks. Specifically,
the decedents blood sugar and blood pressure levels were not checked at
5:00am August 20, 2015 or at 2:30pm August 20, 2015; nor did he receive his
prescribed insulin at 6:00am on August 20, 2015. Again, the failure of the jail
and medical staff to ensure that the decedent was seen and treated by a
physician was a gross deviation from the acceptable standard of medical care.
was found in his cell appearing to not be breathing. A code black was called
and all first responders and medical staff were dispatched to the decedents
cell. CPR was immediately started and EMS was called who transported Mr.
18. An autopsy was held on August 21, 2015 at which time it was
19. The Plaintiff is informed and believes that it is more likely than not
that the above actions and/or inactions by the Defendants caused the decedent
to needlessly suffer which led directly and contributed to his untimely death.
well as the fact that he was extremely intoxicated on arrest in addition to his
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uncontrolled blood sugars this likely put more stress on the decedents vital
organs (and in particular, his heart), which more likely than not contributed to
his ultimate death. Additionally, it is more likely than not that had the Plaintiff
been properly diagnosed, assessed and monitored by the jail and medical staff
at the Detention Center his death would have been prevented. Specifically,
had the jail and/or medical staff sent the decedent to the closest hospital
and/or had him examined by a physician, they would have likely seen (through
20. The Plaintiff reiterates each and every allegation stated above as if
21. The Defendants were acting under the color or pretense of State
and/or employees and had certain duties imposed upon them with regard to
the Decedent.
22. The above set forth incidents which resulted in the conscious
caused by the negligent, grossly negligent, reckless, willful and wanton acts of
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a) In failing to properly care for the Decedent, when the Defendants and/or
their personnel, agents, and/or employees knew or should have known
that the Decedent was in dire need medical assistance and/or treatment;
j) Repeatedly failing to ensure that the Decedent was seen and evaluated by
a physician or immediately sent to a hospital;
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to ensure that inmates are provided basic and/or appropriate medical care
and protection from abuse;
u) In failing to properly treat and/or care for the Decedent, Mr. Floyd;
dd) In failing to properly monitor the detainees (including the Decedent) at the
Horry County Detention Center;
ee) In failing to properly train, monitor and supervise its personnel agents
and/or employees so as to ensure the safety of the detainees located at the
Horry County Detention Center;
ff) In failing to have appropriate policies and protocols in place to provide for
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the safety and wellbeing of the detainee population at the Horry County
Detention Center;
hh) Failing to follow and adhere to the policies and protocols of the South
Carolina Minimum Standards for Local Detention Centers;
(a) In failing to properly care for the Decedent, when the Defendants and/or
their personnel, agents, and/or employees knew or should have known
that the Decedent was in dire need medical assistance and/or treatment;
(c) In failing to monitor the Decedent, while incarcerated, and take the
proper steps to provide medical assistance to him when they knew or
should have known that he was in such a state that he was unable to
care for himself;
(h) In failing to monitor the medical staff located at the Detention Center;
(j) In failing to ensure the Detention Center had the appropriate policies and
procedures regarding the provision of medical care to detainees;
(k) In failing to ensure that the medical policies and procedures were
implemented and/or followed;
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Decedent) are provided with proper medical care and attention while
incarcerated;
(n) If such a policy and/or procedure exists, in failing to follow the same in
providing for the medical care necessary to ensure the Decedents well-
being;
(p) If such records are kept, in failing to take the time to check and/or refer
to the same;
(q) In failing to take the appropriate steps to provide medical care and
treatment to the Decedent when they had actual and constructive notice
of the Decedents medical condition;
(r) In failing to have the proper policies and procedures in place regarding
recognition of medical needs of new detainees;
(s) In failing to draft and/or institute proper policy and procedure necessary
to ensure that inmates are provided basic and/or appropriate medical
care and protection from abuse;
(u) In failing to recognize that the Decedent had a serious medical condition
which required immediate medical attention;
(v) In failing to take emergent action after seeing that the Decedent had an
obvious serious medical condition;
(w) In failing to comply with national, state, and local standards and
guidelines with regard to the provision of medical care in detention
facilities;
(y) In failing to train their employees, agents, and/or staff to recognize the
medicals needs of detainees;
(aa) In failing to properly treat and/or care for the Decedent, Mr. Floyd;
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(bb) In failing to properly recognize the signs and symptoms of the Decedents
medical conditions;
(ee) In failing to refer and/or bring in the proper specialist and/or medical
doctor;
(hh) In allowing the nurses located at the Detention Center to practice beyond
their scope.
and grossly negligent conduct, the Decedent suffered (both mentally and
competent jury in accordance with the law and evidence in this case.
24. The Plaintiff reiterates each and every relevant allegation stated
25. This action is brought for the wrongful death of Jerome Floyd,
Carolina (1976, as amended), and is brought for the statutory heir(s) of Jerome
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Floyd, who died on the 20th day of August, 2015, as follows: his one (1) natural
child.
26. The death of the Decedent was caused and occasioned by the
negligent and grossly negligent acts on behalf of the Defendant as set forth
above.
27. Prior to his death, Jerome Floyd was 60 years of age. By reason of
his untimely death, his heir(s) has been deprived of all the benefits of his
society and companionship and have been caused great mental shock and
suffering by reason of his death. He has and will forever be caused grief and
sorrow by the loss of Mr. Floyds love, society, and companionship. He has been
for his funeral and final expenses and, as a result of the foregoing, they have
and grossly negligent conduct, which ultimately caused the wrongful death of
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WHEREFORE, the Plaintiff, in her fiduciary capacity as personal
representative of the Estate of Jerome Floyd, prays for judgment against the
Defendants, for ACTUAL and CONSEQUENTIAL damages, for the costs of this
action, and for such other and further relief as the Court may deem just and
proper.
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