Vol. 55 No. 2

Trial Magazine

Verdicts & Settlements: Professional Negligence

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Failure to Monitor, Treat Detainee

February 2019

Larra Gillis, 47, was arrested for walking in and out of traffic. She was taken to the Monterey County jail, where she was locked in a padded cell for 28 hours. Although she was detoxing, suffering from an infection, and asking for help, she was not given a medical assessment. She was later found unresponsive and taken to a medical facility. Despite intervention, Gillis died from multiple organ failure resulting from septic shock. She is survived by her partner and two sons, one of whom is a minor.

Gillis’s sons sued the county, for the actions of its sheriff and other county employees, and California Forensic Medical Group, for its actions and those of its doctor and nurses. The plaintiffs alleged that the defendants failed to monitor Gillis or perform a medical assessment while she was in custody, despite applicable procedures and protocols. The plaintiffs also claimed that the defendants negligently hired, trained, supervised, and retained their employees.

The defense argued that Gillis had a long history of drug abuse and was highly combative. The defense also maintained that staff had checked on Gillis approximately every 12 minutes.

The parties settled for $825,000.

Citation: Villarreal v. Cnty. of Monterey, No. 16-CV-06672-LHK (N.D. Cal. Sept. 6, 2018).

Plaintiff counsel: AAJ members Elise R. Sanguinetti and Jamie G. Goldstein, both of Emeryville, Calif.

Plaintiff experts: Judy Melinek, pathology, and Lisa Pratt, correctional facility health care, both of San Francisco; Jeffrey Carter, jails, Lexington, Ky.; and David Talan, emergency medicine, Sylmar, Calif.