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[*1]


Decided on December 22, 2010
Ct Cl

111400
Claimant's attorney:THE JACOB D. FUCHSBERG LAW FIRM, LLP By:Alan Fuchsberg, Esq. Elena Carter, Esq. Defendant's attorney:HON. ANDREW M. CUOMO Attorney General for the State of New York By:Jyotsna Gorti, Assistant Attorney General Third-party defendant's attorney:
Terry Jane Ruderman, J.
Recitation:
Text of the decision:
At approximately 5:30 a.m. on October 9, 2003, Rodney Williams, an inmate, was escorted by two correction officers to the Sing Sing Correctional Facility (Sing Sing) emergency room. Williams was assessed and then transferred to the Sing Sing infirmary at 5:45 a.m. Williams was not seen by a doctor until 8:45 a.m., when Williams was noted to be cold and unresponsive (Ex. 1, p 4). At 9:15 a.m., Williams was pronounced dead (Ex. 2). An autopsy was performed and the cause of death was determined to be acute pulmonary edema of unknown etiology. The Autopsy Report noted that a high level of barium was found in Williams' blood and tissues (Ex. 2, p 8). Williams was 20 years old at the time of his death and was serving a sentence with a maximum release date of December 30, 2004 and a possibility of an earlier release on November 30, 2003, weeks from his date of death (Ex. 4, p 21).
The Administratrix of Decedent's estate (claimant) seeks damages for the pain and suffering Williams endured due to defendant's alleged negligence and medical malpractice.[FN1] Specifically, claimant contends that Williams complained that his coffee had been poisoned by another inmate and that defendant failed to timely and adequately address Williams' condition. Claimant further argued that this caused Williams to endure hours of pain and suffering and resulted in his death. In contrast, defendant maintains that it acted appropriately according to the symptoms presented by Williams and that, while Williams' death was unfortunate, there is a lack of evidence to support a finding of negligence or medical malpractice. Additionally, defendant contends that the proof of Williams' alleged pain and suffering is speculative. The Court's assessment of the witnesses' credibility is critical to the determination of the issues in this matter.
On October 9, 2003, Correction Officer Clifford Mayfield was assigned to the 11:00 p.m. to
7:00 a.m. shift on B block. Mayfield had been employed as a correction officer at Sing Sing for 13 years and testified that he had a distinct memory of that day because he had previously interacted with Williams and recalled him as a quiet guy who did not pose any problems. Mayfield was a forthright and credible witness. [*2]
At approximately 3:30 a.m., Mayfield was informed that Williams was vomiting. Mayfield proceeded to Williams' cell and awaited the arrival of the area supervisor to gain entry to the cell. During that time, Mayfield remained outside Williams' cell and observed Williams standing, holding onto the bars, and not feeling well. Williams expressed that he believed that his discomfort was due to his coffee being poisoned by another inmate. Mayfield described Williams as incoherent, in distress, and unable to stand without assistance. Mayfield observed blood in the toilet and vomit on the side of the toilet and on the floor (Ex. 6). While Mayfield did not recall asking Williams how long he had been vomiting, Mayfield estimated that Williams had been vomiting for 45 to 50 minutes.
Mayfield called the Sing Sing emergency room and spoke with Nurse Miller. Mayfield reported that Williams was in distress and vomiting blood. Nurse Miller advised that Williams be taken to sick call at 7:00 a.m. Not satisfied with this proposed course of action, Mayfield called his area supervisor and reported that "this kid needed to get out of the cell * * * we got to get him to
that ER" (T:33).[FN2] He related that Williams has "a toilet full of blood," "his cell smells like feces," "he's throwing up, and he's incoherent" (id.). The area supervisor responded that he would dispatch an escort officer to take Williams to Sing Sing's emergency room and Mayfield was directed to place another call to Sing Sing's emergency room.
Mayfield made a second call to Nurse Miller and expressed that Williams was throwing up blood and in distress. Mayfield stated that Williams looked like he was dying and needed to go to the hospital (T:36). Mayfield returned to Williams to prepare him to go to Sing Sing's emergency room. Williams, who was on his knees vomiting, took several minutes to get dressed. Believing that Williams might be sent to an outside hospital, Mayfield made sure that Williams was wearing boots rather than slippers.
Mayfield testified that he carried Williams down two flights of stairs because he was unable to walk. During this time, Williams expressed that his coffee had been poisoned by another inmate. They reached ground level where they waited for the escort officer. Mayfield did not remember whether Williams was placed on a stretcher or in a wheelchair. Mayfield recalled that he told the officer to get Williams "to the ER ASAP * * * he was throwing up blood * * * and had stated that he was poisoned" (T:42).
Mayfield did not have the authority to call poison control or a doctor, or to transfer Williams to an outside hospital. Mayfield never thought that Williams was drunk and never had a conversation with anyone suggesting that drunkenness was the cause of Williams' condition.
After Williams died, an investigation ensued. Mayfield prepared a "To/From" memorandum recounting that at approximately 5:30 a.m., Williams was disoriented and confused and threw up at least three times before he was escorted out of the block (Ex. 5). The memorandum did not mention that Williams was vomiting blood and defecating. When asked about the absence of the preceding information in his memorandum, Mayfield replied that medical had already been notified of those particulars and that his memorandum was "just a simple statement as to what transpired * * * from Point A to Point B" (T:47).
Correction Officer Gregory Ebron has been employed by the New York State Department of Correctional Services (DOCS) as a correction officer for 24 years and he was assigned to Sing [*3]Sing from 1988 to 2004. On October 9, 2003, he was working the 11:00 p.m. to 7:00 a.m. shift and was called by his supervisor to escort Williams to Sing Sing's emergency room. According to Ebron, Williams was escorted to the steps by Correction Officer Mayfield and then Williams walked down the steps by himself. Correction Officer Ebron and Williams then walked to the emergency room (T:638). Ebron did not recall Correction Officer O'Brien accompanying him nor did Ebron recall Williams needing any assistance walking (T:638-39). Ebron testified that he did not have the impression that Williams was drunk and Williams did not smell of alcohol (T:646-47). Ebron also testified that he did not report to anyone that Williams was drunk (T:647).
Ebron stayed in the Sing Sing emergency room during Williams' examination. As Nurse Miller was taking Williams' vital signs, Ebron heard Williams say that he was not feeling well and that he had a cup of coffee. At his examination before trial, Ebron was asked what Williams told Nurse Miller and Ebron replied, "He repeated the coffee thing. I remember him saying that again. Somebody put something in my coffee' " (T:616). Ebron further testified at his examination before trial that he and Correction Officer O'Brien escorted Williams to the infirmary (T:617).
Correction Officer Russell M. O'Brien has been a correction officer for 26

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