SalemNews.com, Salem, MA

Local News

February 21, 2013

Lawsuit: Cancer patient didn't get medication at jail

(Continued)

Gleevec was not available at the jail, so Warner did not receive it, according to the lawsuit.

A week after he was sent to Middleton, Warner was found unconscious on the floor of the jail’s infirmary. He was taken to Beverly Hospital and spent several days on life support, the lawsuit says, before he regained consciousness and was discharged.

A judge in Haverhill agreed to reduce Warner’s bail so he could go home, on Feb. 1. On Feb. 17, he died. He was 46.

“My client’s death was the direct result of the interference of your facility in his medication and treatment regimen,” the lawyers say in their complaint.

The lawsuit seeks damages of at least $2 million for wrongful death and negligent hiring and supervision.

Two years ago, the lawyers sent a notice to the jail seeking to settle the claim, according to the complaint. That’s required by a state law that calls for plaintiffs to give notice when suing a municipality or government agency.

Maurice Pratt, a spokesman for the Sheriff’s Department, said yesterday that the agency had not yet received a copy of the lawsuit.

Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.

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