Print this story | Email this story | Comment (20 comment(s)) | Rate
Ex-inmate asks for $23 million
jbulger@journalnet.com

POCATELLO -- A month-long civil case involving a former inmate at the Pocatello Women's Correctional Center who gave birth on the prison steps as she was being rushed to the hospital was handed to the jury Wednesday afternoon.

The suit, which seeks $23 million in damages, alleges that Jamie A. Lysager was willfully and negligently denied proper diagnosis and health care, which culminated in the woman beginning to give birth in prison on Feb. 14, 2004, after being left in a holding room for 10 hours.
Lysager was placed in a wheelchair and was being wheeled to a van for transport to Portneuf Medical Center when the birth occurred.

The complaint describes how Lysager's newborn son "fell from her body and the wheelchair, landing on the back of his head on the concrete ramp." It alleges that the wheelchair then ran over the newborn in a manner "so traumatic that the umbilical cord and a portion of the placenta were ripped from plaintiff."
The suit alleges that Prison Health Services Inc., the entity that formerly oversaw and staffed the Idaho Department of Correction's medical services, failed to use due and reasonable care to diagnose and treat Lysager and seeks damages on behalf of her and her son.

The suit originally named PHS, the Department of Correction and other prison employees and those in the employ of PHS. The DOC and several of its employees settled prior to trial and were dismissed from the suit.
The complaint alleges that Lysager, who was committed to the facility on Dec. 11, 2003, was given a due date of April 4, 2004. On approximately Feb. 3, she began experiencing flu-like symptoms and diarrhea, which she reported to medical staff. The suit alleges that medical staff negligently and willfully failed to treat and diagnose her during the next 10 days.

At 5:30 a.m. Feb. 14, Lysager, suffering from dehydration, diarrhea and stomach cramps, alerted medical staff and was given an ultrasound to monitor the baby's condition. She was then placed in a holding cell for approximately 10 hours. The complaint states that Lysager began screaming and kicking the locked door to get the medical staff's attention. At 5 p.m. that day, Lysager began giving birth while on the toilet.
Lysager's son, Taylor, spent two months in the hospital. The boy, now 4 years old, has been diagnosed with cerebral palsy. A central contention in the trial has been the cause and extent of Taylor's disability, as well as the standard of medical care provided Lysager. Dozens of lay and expert witnesses testified throughout the trial.

During closing arguments Wednesday, Lysager's attorney, Richard Hearn, told the jury that PHS violated its own policies by not transporting a pregnant Lysager to the hospital when she began experiencing medical difficulties. He repeatedly criticized PHS for not having a registered nurse on duty, contending that the facility's licensed practical nurses were not qualified to make medical determinations. Hearn particularly pointed at LPN Brian Halling as failing to take Lysager's condition seriously and failing to have her transported to the hospital.
"What they needed was someone who didn't think they were a doctor," Hearn said.

Hearn asked the jury for actual damages in the amount of $3 million to compensate Lysager and her son for their pain and suffering and for Taylor's future economic damages. Because Lysager was an inmate, Hearn argued for damages for Lysager's civil rights being infringed, predominantly her Eighth Amendment right to be free from cruel and unusual punishment.
Hearn also asked the jury to award punitive damages in the amount of $20 million, telling the eight-woman, four-man panel that PHS and similar entities motivated by profit, rather than compassion, need to be sent a message that such conduct is unacceptable.

During his closing argument, Joseph McCollum Jr., attempted to poke holes in Hearn's arguments, foremost by trying to point the finger of blame for any liability on the DOC. McCollum said the staffing provided by PHS was in accordance with that requested by the department.
McCollum argued that Lysager was likely suffering from corioamnionitis, an inflammatory condition of the uterus that can result in premature delivery without labor and contribute to physical and cognitive difficulties in children. He told the jury that the outcome for Taylor might not have been different even had Lysager been sent to the hospital earlier.

McCollum argued that there was insufficient evidence of any cognitive impact on Taylor and that the economic damages he might suffer were speculative.
He addressed Brian Halling's conduct specifically, his conduct having been a focus of the plaintiffs' case.

McCollum acknowledged that Halling, who testified during trial, did not come across as a particularly endearing witness. He admitted that Halling had not followed proper procedures, but argued that neither Halling nor other medical staff acted with malice or willful disregard of consequences. He said the medical staff thought they were treating Lysager for flu symptoms, not premature delivery. He told the jury that they should not award punitive damages for conduct that was based upon mistake, rather than willful action or inaction.

In his rebuttal, Hearn reiterated the importance of holding PHS accountable for the injuries to Lysager and her child.

"You will talk about this to your grandchildren," Hearn said. "It is a big, big deal."

By John Bulger


This document was originally published online on Thursday, November 20, 2008

Article Rating

Current Rating: 3 of 7 votes!Rate File:

Reader Comments

The following are comments from the readers. In no way do they represent the view of our paper.

Owen wrote on Nov 20, 2008 1:57 AM:

" It might be well worth noting this young lady was serving a six month rider sentence for unauthorized use of a transaction card. Alternative sanctions ie; home monitor, community service and restitution, could have been administered ths preserving this child's opportunity for a normal life.
It's always seemed to me it is the fox guarding the hen house at PWCC. In some cases I've witnessed, the wrong people are outside the locked doors and should trade places with the inmates. "

Rick wrote on Nov 20, 2008 12:17 PM:

" I find it interesting that the Warden/Pocatello City Councilman testified on behalf of the plaintiffs after Idaho Corrections settled with them. He testified that if he was there the entire incident would not have happened. Testimony revealed that the Corrections Officers, Supervisors and Warden have little control over the "contracted" medical staff of the entire prison system in the state of Idaho. It took a Corrections officer to finally get Brian Halling, LPN; the only medical person in the prison on duty for the weekend, to respond to Jamie Lysagers screams and kicking for help. Yet, he still failed to take proper action. Therefore, a baby boy was born on an icy ramp at Pocatello Women's Prison on Valentine's Day Feb. 14, 2004 with permament brain damage. How would you like that on your birth certificate? "

Biter wrote on Nov 20, 2008 1:12 PM:

" I wonder if Brian Halling is still employed with humans in his charge.

And the Teflon warden slips out of another ugly situation. "

Dave wrote on Nov 20, 2008 1:37 PM:

" Why should criminals be pampered and receive better treatment then law abiding tax payers? Sorry for the baby but if his mother hadn't broken the law none of this would have happened. She is more liable in this case then anyone else. "

Rick wrote on Nov 20, 2008 1:51 PM:

" Dave....That is exactly the point. It appears this inmate was only asking for the minimum medical treatment you or anyone else under the constitution of the United State is entitled to. And that level of treatment was not given. People treat their dogs better than that. "

silena wrote on Nov 20, 2008 2:42 PM:

" it does not matter what she was in there for this is the united states of america last i checked. and they all should be ashamed of themselves.they should have thought at least they would be helping a defensless little baby. they broke one of there own laws anybody would have been put in jail for child endangerment. "

anonomous wrote on Nov 20, 2008 2:55 PM:

" Rick: fact check - the baby does not have "brain damage" from the incident; Taylor has cerebral palsy which could not have been caused by the incident. The prison staff is not trained in the medical profession, which is why they would have "little control over the contracted medical staff" decisions, not to mention the medical privacy act that does indeed also apply to offenders. And I haven't seen anywhere in the constitution that citizens are guaranteed medical treatment...many, many Americans go without any medical treatment whatsoever! Owen: She was given a huge break by being given a rider instead of a full-term prison sentence for her felony conviction. Many times a retained jurisdiction is given by judges to PROTECT the fetus' from damage done by the mothers who use drugs during pregnancy while still not sending the offender to a full-term sentence and giving her a chance to be a mother when the rider is complete and the baby is safe. For all we know, she WAS given probation and violated the terms of that probation which resulted in the retained jurisdiction; previous criminal history and continued criminal charges or violations (if any) are not discussed in this article. The question is if $23 million dollars is a reasonable amount to award to this woman and her child. The child obviously cannont remember any of the incident who is the only totally innocent victim here and it's hard to say how much he suffered medically. Certainly it would have been a tramatizing event for all the people involved. But $20 million to send a message? I'd love to send LOTS of messages to A LOT of people...wanna give me $20 million so I can ride around in a Hummer and live in a mansion to do it? "

I TOO wrote on Nov 20, 2008 3:29 PM:

" I too was pregnant while incarcerated but in the Idaho Maximum Institute when they housed women and the Poctaello prison wa being built. I was 7-8 months pregnant. I experienced such aweful abuse and had no way of suit or stopping the abuse. I too like this young lady experienced a lack of health care and medical treatment. Denied postpartum care and treatments and I had also experienced events that I think have contributed to my childs difficulties now age 14-15. I was forced on a daily basis to be on my hands and knees with a toothbrush in thick stripper on the floor soaking through my clothes and in my skin and no ventilation. I beleive the chemicals hurt my childs development. I remember one other lady who had been handcuffed to the hospital bed during labor. I am others I know were shackled and chained (hands and feet) to hospital visits. Imagine the fear of falling and not being bale to stop or lessen the fall that would directly hit the belly. My point though is Women in Idaho prisons have been neglected and abused. What I mean is I personally have seen and experienced such abuses and negligence given out by the Depatrment of Corrections in the STate of Idaho.I wish I could have held them accountable. I hope that they not only are held accountable but that this case will stop the abuses and negligence of pregnant women in their care.I wish I could have done something that would have prevented this type of stuff. I wish I could make life better for my son. I hope this will finally be the answer and that it won't go way and after a while beome a case of historic amnesia. you forgetting about the past and the past repeating itself. "

Rick wrote on Nov 20, 2008 3:43 PM:

" Mr. Anonomous...Thank you for your comments. But read the 8th Amendment of the Constitution which talks about "cruel and unusual punishment". In medical issues case law has interpreted this to mean that every citizen is entitled to a minimum standard of care. I realize that we do not know all the facts in this case; but it appears this women was subjected to a form of "cruel and unusual punishment". However, the great lawyers of our time have argued these cases all the way to the Supreme Court. In the end it is up to the 12 members of the jury to decide the fate of this young lady and her boy. I quote a famous saying, "those without sin...cast the first stone...I won't be writing back anymore I have to go to work. "

Ian wrote on Nov 20, 2008 4:42 PM:

" This is crazy and unbelievable.Farm animals get born outside, not U.S.children. Its an outrage and should be looked at seriously.I know if it was my child I would be mad as Hell.You can look way too deep into this if you wish,I dont. It's about Taylor and Jamie DAMNIT. "

paul wrote on Nov 20, 2008 6:02 PM:

" I think rick is rite. "

Morrisy wrote on Nov 20, 2008 8:37 PM:

" The Big Guy's with Millions don't loose any sleep over this matter. They pay some fast talking lawer to get them out of it.I wonder how they would feel if this was their family member? In fact,I bet they would spend Millions to make sure who ever was at fault paid and paid big.I feel in this case money would help little Taylor and his mother...I hope justice is done. "

Lisa wrote on Nov 20, 2008 11:35 PM:

" I think anyone that is finding that she (Jamie) is wrong. You really need to have a self check. This is about a baby, a person. Everyone makes mistakes, no one is perfect. If u pay taxies you should be asking yourself why the hell, better yet how the hell did this happen???? We don't pay enough money to the state, that they can't pay someone that has a clue to what they are doing? I think there is way to much going on with they system, that we need to look more into the system and how it works. I hope she get every dime from them. There isnt enough money to put on a LIFE!!! I just want to know why she isnt asking for a hell of alot more!!! Why are we hearing about it now???? Who ever was involved needs to be charged. How many more people needs to have this happen to them before people start to stand up for themself??? It doesnt matter if your in jail or not!!!! GOOD LUCK!!!!!! "

Captain Obvious wrote on Nov 21, 2008 8:51 AM:

" This comment thread is really bringing the Geniuses out of the woodwork.

Half of you are quoting country music songs in your defense for a criminal, the other half are too dumb to handle a potato gun.

I'm sure this kid would have been emotionally and mentally damaged by his scumbag mother. If her crime was, indeed, one of using a false transaction card, she is someone who has no morals when it comes to money.

Hmmm....could this just be another dishonest scam to get money, like the one that landed her in prison?

Now, all of you people who are using your computers purchased through Blue Hippo, go ahead and use your defenses about how, "This is America and these colors never run..blah blah blah." "

Sean wrote on Nov 21, 2008 9:59 AM:

" Captain you are one scary dude. It is not out of the realm of possibility that you were the person that was torturing this inmate who has now paid for her crime. How about the little baby boy that was inside the lady. I guess this little boy is a "scum bag" too? By the way, if you read the article, her offense was "possession" of a stolen credit card. If we had people like you in charge there would be concentration camps all over the country gasing and burning innocent people by your kind of Gestapo Nazi mentality. I thank God everyday we live in a country that keeps your kind in check. "

Ex- corrections Officer wrote on Nov 21, 2008 10:19 AM:

" I know what happened to this baby could have been avoided and defiantly should have, but it that setting, sometimes things happen and you just have to deal with them as you go along. I used to be a Corrections officer at PWCC so I know first hand what goes on there and how much the Warden, Deputy Warden and most of the administrations department will try to cover things up to save there own skin. That is not the problem here. The issue at hand is was the offender granted proper medical care. If you could only see how many fake seizures and false pregnancy problems that the medical staff deals with on a daily basis you would understand. It’s simply amazing what offenders will think up just to get attention or better yet, prescription medication. There were about 300 offenders in that facility when I quit and I would honestly say 75% would make up stuff just to get attention. In short, the medical staff has to determine who is faking and who isn't. I am not defending PWCC in this case, all I am saying is I really wish people could see the whole story before they go slamming the institution.
SEMPRE FI. "

Joan wrote on Nov 21, 2008 11:19 AM:

" According to the article, no one was slamming the institution. Apparently, this young woman was not faking. A baby boy was born that day. Was the medical staff,"Prison Health Services",a private contracted corporation ,not trained enough with the ability to see a 7 month pregnancy? If a pregnant woman is screaming with pain in her abdomen and begging for help, would it not asumed that it might have something to do with her pregnancy ? This is not a convicted rapist or murderer "faking it" to try to get medication. How many more young women of our community must be treated this way ? It needs to stop. Here and now. "

Holly wrote on Nov 21, 2008 12:32 PM:

" Use you voice even if it shakes,and in this case shout!!Thank heavens for all those who used their voices and spoke in behalf of Taylor.In the anonymous comment above dates Nov.20th,2:55 pm:Mr.Anonymous,(Would you say the same thing with your own name to it?)made a sad statement that reflects a small mind and character.Mr. Anonymous referred to Taylor as "The obvious child who cannot remember the incident" Yes,Talor is the "innocent" victim,but not the only one! So heres to you!While your fascist mind whirls in anger over the amount of money here....Let's go for a ride.How about you drive? Imagine that Taylor is YOUR son,grandson,nephew,brother,cousin,or friend.Now how about you got ot get in your car...let's say a hummer...and while you help Taylor get in the car and buckle him in,you take him to day care,therapy,the store,school,the doctors or the park,remember who's driving.It may never be Talor? Due to the lack of effort in providing Taylor and his mother the proper medical care(including a 30-40 minute lack of oxygen for Taylor).Now do you still look at him and consider him fortunate because he is "The child who cannot obviously remember"? I hope your there the day Taylor turns 16 and wants to go for a drive..Then you can be the one to exsplain to him that he has an ACQUIRED brain injury,and THAT,Mr. Anonymous,HE will never forget!!That beautiful boy I recently took "trick -or-treating"...He was Batman and I am his Aunt.Taylor,happy and so excited,not halfway through,noticed the "loot" in his pumpkin basket.He stopped in the middle of it all,put his hands and head in the basket,and ravaged on the small collected amount of goodies.Not even thinking the night is young,and there was so much more candy to be had down the road.As for Taylor,as members of his family we will stomp out any limitations and help him down the road!!So remember Mr.Anonymous..I wish you 20 million dollars and you sir can blow the candles out....TAYLOR WANTS TO DRIVE!!!!!!!! "

steven wrote on Nov 21, 2008 1:59 PM:

" stupid is what stupid (the mother) does..c'mon now really open your eyes the mother is to blame...guess we will again pay for her mistakes. I cant belive anyone would put money in that womans hands let alone a baby... "

Recovering Addict wrote on Apr 13, 2009 5:09 PM:

" This is a response to ex-corrections officer:
I realize that you are taught to handle these "manipulations" in a so-called militaristic way and I cannot blame you for your terrible training. I have worked with many inmates, and I also am very skilled in the manipulation and how to bring that around into honest communication and restored relationships. The reality is that you cannot continue to ignore more and more humane requests brushing them off as liars. You must be able to work with offenders and actually change behavior or you have no business being around or operating a prison. This woman is simply collateral damage from a bigger sort of destruction that is driving the Prison Industrial Complex. "

Submit a Comment

Commenting Rules
We encourage your feedback and dialog. All comments are subject to deletion by our Web staff.

Report a Comment

Report a comment for review to the ISJ web staff.

(optional)
   
-- Advertisement --

View more listings
Calendar

Post your own event
Don't miss our Unlimited Items Package
FREE ONLINE & IN PRINT
Items must total under $700
Download last week's
Download this week's
TV Listings

Click Here
to read this paper
Pioneer Newspapers
Idaho Press Tribune
Daily Record
Bozeman Daily Chronicle
Skagit Valley Herald
Herald Journal
Herald and News
Standard Journal
News Examiner
Teton Valley News
© 2009 Idaho State Publishing, LLC. All rights reserved.
Terms of Service