$425,000 Settlement in Suit over South Carolina Jail's Failure to Treat Diabetic Prisoner

by Matt Clarke

In June 2013, Sumter County, South Carolina and Southern Health Partners, Inc. (SHP), the contract provider of health care for prisoners at the Sumter-Lee Regional Detention Center (the jail), settled a lawsuit brought by a former jail prisoner who alleged she was denied medical treatment for her diabetes, causing her to become comatose and suffer permanent injury.

Nacole McCray was arrested for possession of cocaine and booked into the jail on Friday, January 22, 2010. She had a long history of drug abuse which was known to the jailers and the jails’ medical staff. From previous incarcerations, they also knew that she was diabetic.

Upon arriving at the jail, McCray complained of extreme thirst and dizziness. She was disoriented to the point of being unable to participate in the booking process. She was then examined by an SHP nurse, who assumed her symptoms, though common to diabetes, were caused by drug use. McCray was placed in a holding cell with her diabetes untreated and her condition worsened.

Because of her deteriorating condition, SHP nurses were called to evaluate McCray several times during the weekend. At one point, an SHP nurse used a finger stick to measure McCray's blood sugar level. It read 440, an elevated level far outside the normal range. Nonetheless, the nurse did not administer insulin or call EMS.

A subsequent blood sugar test Saturday night pegged the meter, indicting a blood sugar level of 600 or more. McCray was then given insulin, but left in a cell, rather than receiving medical attention. Hours later, she was found bleeding from her nose with dark emesis (vomit that looked like coffee grounds) on the floor. She was then finally transported to the hospital, over 34 hours after her arrival at the jail.

McCray was comatose with a Glasgow Coma Score of 5 when admitted to the hospital early Sunday morning. She was suffering from advanced diabetic ketoacidosis causing her blood to have a pH of 7.08. This is a serious complication of untreated diabetes which can cause severe damage to muscles and internal organs.

McCray required intubation to breathe and extensive use of insulin and intravenous fluids to be stabilized. She developed respiratory complications and had to be hospitalized for 48 days. She lost leg strength, resulting in a permanent limp and use of a cane to ambulate. Following her release from the hospital, she required physical and occupational therapy. Her medical bills totaled $208,349.62.

Represented by attorneys John D. Clark of Sumter and Douglas L. Jennings and David B. Yarborough of Charleston, McCray brought suit in state court against SHP, Sumter County and the jail alleging that her medical treatment was below the standard of care and deviated from SHP's own protocol and procedures. SHP fired the two nurses who were responsible for McCray's medical care, but blamed jail personnel for not telling them about her worsening condition, the hospital for the complications and McCray for her drug use. The jail said it relied upon SHP personnel for treatment and diagnosis of McCray's medical condition.

A settlement was negotiated during mediation. SHP agreed to pay $350,000 and Sumter County paid an additional $75,000, totaling $425,000. See: McCray v. Sumter-Lee Regional Detention Center, Sumter Co. Ct. of Common Pleas (2013).

Additional sources: VerdictSearch Carolina, South Carolina Lawyers Weekly

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