Mental Health

Professional Negligence Law Reporter

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Failure to Provide Psychiatric Meds Medical Care

March/April 2019

Moreno v. Benton Cnty., settled before filing, May 7, 2018.

Marc Moreno, 18, suffered from bipolar disorder and schizophrenia. After a hospitalization, he experienced agitation and attempted unsuccessfully to obtain treatment at a county mental health center. Benton county sheriffs later arrested Moreno for a misdemeanor title transfer violation and brought him to the county jail. There, Moreno was placed in a restraint chair in a padded room. Moreno’s father attempted to provide his son’s medications; however, the jail refused to accept them. Moreno remained in the jail for eight days without his medication. During this time, he did not eat or drink and rolled around in his feces. Moreno subsequently died of dehydration in his cell. He is survived by his parents and siblings.

Moreno’s estate claimed that the county failed to provide adequate medical care, in violation of his Fourteenth Amendment Due Process rights. The claimants asserted that Moreno should have been provided his medications and transferred to a state hospital. Additionally, the claimants alleged, the county supervised Moreno inadequately. The defense argued that staff had looked in on Moreno 600 times during his confinement.

The parties settled for $1.2 million.

Claimant counsel: George Trejo Jr., Yakima, Wash.; and Ed Budge, Erik Heipt, and Hank Balson, all of Seattle.

Claimant experts: Mary Perrien, psychology, Boise, Idaho; and Martin Horn, corrections practices, New York City