ILNews

Former inmate files suit over medical care

Michael W. Hoskins
January 1, 2008
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A former Indiana Department of Correction inmate has filed a federal suit claiming that county jail staff and contracted medical personnel didn't give him proper medical care and contributed to his development of cancer while he was behind bars.

New Richmond resident Phillip Andrew Springer filed suit Thursday in the U.S. District Court in Indianapolis seeking damages against the Putnam County Sheriff's Department, correctional authorities, and contracted medical providers for "deliberate indifference" to his medical needs while he was incarcerated. As a result, the now 28-year-old is paralyzed, needs constant care from his parents, and may have a year to live, the lawsuit claims.

Named as defendants in the suit are Putnam County Sheriff's Department, Sheriff Mark Frisbee, a correctional officer serving as a jail nurse, the jail physician, the Missouri company Correctional Medical Services that contracts with the state's DOC, and three medical personnel working for the company.

"This is one of the worst examples of negligence and deliberate indifference to an inmate's serious medical needs that I've seen in a very long time," said Indianapolis attorney Richard Waples, who is representing Springer. "Now, he will pay for their indifference with his life."

The case comes from Springer's arrest in April 2006 on alcohol-related charges that landed him in Montgomery County jail. The suit says that Springer moved between the Montgomery and Putnam jails and two state DOC facilities - one in Plainfield and one in Putnamville - during the next five months, but he was repeatedly denied medical care despite authorities' knowledge of his medical history. He'd had cancerous tumors removed from his lower spine following two surgeries in 2000, and doctors told him that any back pain he developed should be examined immediately because it could mean a recurrence of the cancer, according to the suit.

In his 11-page suit, Springer details how various county and state officials either ignored or delayed his and his parents' claims for medical examinations, and when he did receive them the medical personnel "ignored the gravity of the situation." As a result, Springer alleges that his condition worsened; he became partially paralyzed before finally being transported to the hospital for evaluation, where tests showed he had cancerous tumors on his upper spine and the cancer had spread to his brain.

The sentencing judge in Montgomery County, David Ault, intervened and released him from the state's custody in August 2007 to allow for radiation treatment.

Springer's suit claims the defendants participated in cruel and unusual punishment and denied him needed medical services.

"Defendants' actions and failures to act were deliberately indifferent to Mr. Springer's serious, life threatening medical needs," the suit says. "Defendants' actions and inactions have caused Mr. Springer tremendous pain and suffering and will result in his death."

Chief Judge David F. Hamilton has been assigned to the case, which plaintiffs have requested to be placed on an expedited timetable because of Springer's condition.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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