A wrongful death lawsuit has been filed against Westmoreland County and prison officials claiming that corrections officers and medical staff ignored an inmate's heroin withdrawal symptoms for eight days before he died.
Corey L. Kardos, 23, was arrested for possession and possession with intent to distribute heroin on Feb. 28 and sent to Westmoreland County Prison. He died at the jail on March 9.
Within two days of his incarceration, the lawsuit said, Mr. Kardos, a heroin addict, began to exhibit withdrawal symptoms, including profuse vomiting, tremors, chills, lethargy, dizziness, difficulty breathing and loss of appetite.
Mr. Kardos, as well as other inmates, repeatedly asked corrections officers to get him medical attention, but none was provided, according to the suit filed Tuesday by attorney John P. Smarto on behalf on Mr. Kardos' estate.
The lawsuit alleges that heroin withdrawal is easily treatable, but that the prison did nothing.
"All they had to do was give him an IV," Mr. Smarto said.
During a visit with his stepmother about five days after his arrest, the lawsuit continued, it was apparent Mr. Kardos had lost 10 pounds. He told her no one would help him.
"The inmates continuously told the nurses that Mr. Kardos needed medical assistance. Mr. Kardos was ridiculed and laughed at by the nursing staff and Defendant Nurse Mark Knapic stated, 'He'll live. He's not going to die,' " the suit said.
In one form he filled out, Mr. Kardos wrote: "I need to see a nurse asap. I'm recovering from dope sickness. I'm vomiting up everything I've put in my stomach. I have a very bad headache. I can't stand without starting to black out. I really need something for these problems, asap. Please see me and give me something soon."
Still, the lawsuit states, Mr. Kardos received no treatment. Instead, it goes on, officers told Kardos they were "sick of him laying in bed all day," and to "put his shirt on because he was just being lazy."
Further, Mr. Smarto said that officers beat Mr. Kardos and once threw him into a running shower in his clothes, only to take him back to his cell still dressed in the wet clothing.
"On or about the evening of March 8, 2009, inmates observed Kardos 'foaming at the mouth,' near death and complained to the guards on duty, yet nothing was done," the lawsuit said.
When Mr. Kardos was discovered dead in his cell, it continued, correctional officers took him out, put him in a wheelchair and took him to medical personnel. "Inmates observed Kardos' lifeless body nearly falling out of the wheel chair while his feet were dragging under the chair," the complaint said.
Mr. Smarto said that by the officers putting Mr. Kardos in the chair, they were trying to "give the impression to the other inmates, and the video cameras in the prison, that Kardos was alive in order to bring him to the medical unit to create the perception that he was being treated at that unit."
Mr. Kardos' autopsy report lists acute heroin withdrawal and malnutrition as findings at death. It also notes that he had abrasions and contusions on his face, elbow, hand, thigh, knees and foot.
It lists as defendants prison Warden John R. Walton, four corrections officers, three nurses, two deputies, as well as a medical supervisor and the company contracted to provide health services, Naphcare Inc.
The lawsuit claims that prison officials have a policy and practice of deliberate indifference to the medical needs of inmates.
"The prison has done so by including in its contract with Naphcare Inc., a financial incentive wherein the prison recoups every dollar not spent on the inmates' medical care," the lawsuit said.
In addition to the wrongful death claim, the lawsuit claims cruel and unusual punishment, failure to provide proper medical care and inflicting wanton and unnecessary pain.
The county solicitor said he would not comment on the suit.
