Civil Rights Trial Victory for PCH

A denial of medical care claim under Section 1983, Lance v. Smead, et al. recently went to trial in the Eastern District of Oklahoma in late April.   Lance involved a former detainee in the Pittsburg County jail in December 2016 who, on a Thursday evening, took another detainee’s medication, which produced priapism in Lance, a prolonged erection.  As the weekend in the jail proceeded, Lance’s priapism did not resolve.  He claimed that he had repeatedly informed and shown jailer Smead and informed other jailers of his medical condition.  Defendants asserted in part that Mr. Lance, fearing jail labels and discipline, did not adequately inform jail staff.  Mr. Lance’s condition was assessed by a nurse on a Monday morning, and he was ultimately transported to Tulsa for emergent care and underwent surgery.   Plaintiff claimed he was permanently injured, as he was unable to ever obtain natural erections, with associated non-economic damages.  Plaintiff’s counsel asked the jury for $17 million in closing.  The jury returned a defense verdict for Mr. Smead, as well as other former jailers as Defendants, but returned a lesser verdict of $200,000 against Defendant Pittsburg County through its current Sheriff.