Free Motion to Enforce - District Court of Arizona - Arizona

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A. James Clark, #002901 CLARK & ASSOCIATES 256 South Second Avenue, #E 3 Yuma, AZ 85364 Telephone (928) 783-6233
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Attorneys for Plaintiff Rubecca Mikkelsen, etc.
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John A. Micheaels -- 05917 BEALE, MICHEAELS & SLACK, P.C. 1440 E. Missouri Avenue, #150 7 Phoenix, Arizona 85014 (602) 285-1444
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Attorneys for Plaintiff Dennis Mikkelsen
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA RUBECCA MIKKELSEN, surviving) spouse of Kelly Mikkelsen, deceased, ) on behalf of MILES MIKKELSEN,) JERRET MIKKELSEN and ALLISON) MIKKELSEN, the minor children of) Kelly Mikkelsen, deceased, and on) behalf of DENNIS MIKKELSEN,) natural father of Kelly Mikkelsen,) deceased; and on behalf of TAYLOR) R. FOX, a minor, by her next friend) and natural mother, TRACY FOX-) TANGA, ) ) Plaintiffs, ) ) vs. ) ) C O R R E C T I O N A L H E A L T H) RESOURCES, INC., a foreign) corporation; KENNETH L. FAIVER) and JANE DOE FAIVER, husband and) wife; JOSEPH EDWARD RICH, M.D.) and JANE DOE RICH, husband and) wife; DOES I through V, inclusive, ) ) Defendants. ) ______________________________ ) No. CIV 02-2252-PHX-JAT STIPULATED DESCRIPTION OF CASE TO BE READ TO THE JURY (Assigned to the Honorable James A. Teilborg)

The parties stipulate that the following description of this case may be read
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to the jury:
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Case 2:02-cv-02252-JAT

Document 242-5

Filed 10/17/2005

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This case arises from the death of Kelly Mikkelsen. This case has been brought by Rubecca Mikkelsen, surviving wife of Kelly Mikkelsen, on behalf of Kelly's minor children, Mikkelsen, Jerret Mikkelsen, Allison Mikkelsen and Taylor Fox, and father Dennis Mikkelsen. Kelly Mikkelsen died on October 11, 2001, at 34 years of age. Kelly was being held at the Yuma County Detention Center, and was on work release status at the time of his death. Defendant CHR is a corporation that had an exclusive contract to provide health care and medical services to inmates at the Yuma County Detention Center. CHR was operated by Defendant Ken Faiver. Defendant Faiver was the President of the company, and was responsible for CHR's overall operations, including its contract with the Yuma County Sheriff's Office. Defendant Dr. Joseph Rich was CHR's Medical Director and was charged with supervising the provision of medical services provided to the inmates at the Yuma County Detention Center. Kelly died of an overdose of two prescription drugs: Darvon (a narcotic painkiller) and Valium (a central nervous system depressant used for anxiety). Mr. Mikkelsen took the drugs while he was out on work release from the Detention Center on October 11, 2001 because of severe depression. When Kelly arrived home from the detention center about 6:30 a.m. on October 11, 2001, he was slurring his words, stumbling, he fell down some stairs. Kelly also told Rubecca that he had taken 49 pills, later saying that he might have taken 40 or only 4 and that she would never know, since she had not seen him take them. Kelly Mikkelsen was so obviously intoxicated, that Rubecca Mikkelsen had a friend call 911 for assistance, but Mr. Mikkelsen left before help could arrive. Late that morning, Rubecca actually drove to the Yuma County Detention Center and spent an hour or an hour and a half explaining her concerns to Lt. Penny Anders and advised that Kelly Mikkelsen was suicidal and had possibly taken as many as 49 Valium pills. About 11:00 a.m., a Yuma County detention officer advised Defendant CHR nurse Art Rodriguez, R.N., that Mr. Mikkelsen may have overdosed on Valium while out on work
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release. Nurse Rodriguez made a note of the reported overdose on Mr. Mikkelsen's medical chart, along with the information that he had had an unsteady gait the night before. The chart entry about the reported overdose reads: Approx 1100 S.O. [Senior Officer] Graham informed Med Dept; pt had apparently overdosed on meds while out on work release; pt's wife had called the facility to inform re: pt's overdose on pills; S.O. Graham unsure if pt. coming back this evening or...where pt. works; plan ­ assess pt if here this evening & PRN [treat as needed]. CHR nurse Rodriguez red-flagged the chart with a note to "Check patient this evening when he returns to facility..." and a reference to the nursing notes, which explained Mr. Mikkelsen's possible overdose. At shift change about 2:00 p.m., on October 11, 2001, Nurse Rodriguez updated CHR's Licensed Practical Nurse, Cheryl Kinsley, LPN regarding Mr. Mikkelsen's possible overdose and the need to assess him immediately upon his return to the Yuma County Detention Center. Mr. Mikkelsen was dropped off at the Detention Center by co-workers just before 6:00 p.m. on October 11, 2001. Mr. Mikkelsen was obviously impaired/intoxicated when he returned to the Detention Center and detention officers were aware that he had taken Valium and was suicidal. Although Mr. Mikkelsen told officers he had taken only two or three Valium, even the detention officer who wrote up a "Risk Assessment Notice" noted "seems like he took more than that." The detention officer also noted that Kelly was "going through hard times real upset and depressed had talked about committing suicide about a week ago claims to have taken two Valiums to relax seems like he took more than that seems real sleepy not stable to walk keep a very close eye on him might try to do something foolish." The same report noted that Mr. Mikkelsen was confused/disoriented, depressed, suicidal, subject to potential drug withdrawal, on suicide/seizure watch, and should be referred to the medical department for special medical watch, evaluation and/or treatment. The detention officers then put Kelly, who was unsteady on his feet, in a wheelchair and wheeled him to the medical department for a medical evaluation.
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The only CHR employee in the Detention Center medical department when Mr. Mikkelsen arrived there between 6:00 and 6:30 p.m. was Ofel Diaz. Ms. Diaz had no medical training and was not qualified to assess Mr. Mikkelsen's condition. The detention officers gave Ms. Diaz all the information they had, including the fact that it looked like Kelly had taken more than a few Valium and that he was suicidal. Ms. Diaz did not contact either of the nurses on duty to evaluate Mr. Mikkelsen, and did not ask the detention officers to leave Kelly in one of the two medical observation cells. The detention officers placed Kelly in solitary confinement, and, because they were aware that Mr. Mikkelsen was suicidal, they put him on a suicide watch. Sometime before 7:00 p.m., a CHR employee, Kelly Bragan, R.N. saw Mr. Mikkelsen being placed in isolation and put into a suicide suit sometime before 7:00 p.m. Nurse Bragan noted that Kelly was visibly impaired, but did not examine him. Nurse Bragan went back to the medical department, checked out and went home about 8:00 p.m. Another CHR employee, Cheryl Kinsley, L.P.N., returned to the medical department at about 9:00 p.m. At that time, Ms. Diaz told Nurse Kinsley that Mr. Mikkelsen had been brought to the medical department for evaluation and that Ms. Bragan should see him to check on his hands, which had been cut earlier in the day. Nurse Kinsley went to Kelly's cell to examine his hands. Sometime after 9:00 p.m. when she arrived, Nurse Kinsley found Kelly comatose, with no vital signs. The autopsy revealed that Kelly died from complications relating to a mixed drug overdose from Valium and Darvon. Plaintiffs contend that Defendants CHR, Faiver, Rich and their agents were negligent and violated Kelly Mikkelsen's civil rights by failing to provide adequate and competent medical services for Mr. Mikkelsen, and by failing to timely and properly assess Mr. Mikkelson's emergent medical condition on October 11, 2001 and get him to the Yuma Regional Medical Center emergency department where he would have been properly treated and his life saved. Plaintiffs contend that if Mr. Mikkelsen had been transferred to the emergency department at Yuma Regional Medical Center at any time before 8:00 p.m., on October 11, 2001, he would not have died.
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Plaintiffs are seeking damages to compensate for the loss of Mr. Mikkelsen's love, support, guidance and companionship, as well as their own grief, pain and suffering at the loss of their son and father. Plaintiffs are also seeking punitive damages based upon the defendants' callous, intentional, and/or reckless indifference to Mr. Mikkelsen's health and safety. DATED this day of October, 2005. BEALE, MICHEAELS & SLACK, P.C.

By___________________________________ John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen

CLARK & ASSOCIATES By

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A. James Clark 256 South Second Avenue, Suite E Yuma, Arizona 85364 Attorneys for Plaintiffs Rubecca Mikkelsen, on behalf of minor children of Kelly Mikkelsen RENAUD, COOK, DRURY & MESAROS, P.A.

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By James W. Barnhouse One N. Central, Suite 900 Phoenix, AZ 85004 Attorneys for Defendants Correctional Health Resources, Inc., Faiver and Rich ABOUD & ABOUD

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By Michael J. Aboud 100 N. Stone Ave., Suite 303 Tucson,AZ 85701 Co-Counsel for Plaintiff Fox

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BOYTE & MINORE, P.C. By

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Mary K. Boyte 150 W. Second Street Yuma, AZ 85364 Co-counsel for Plaintiff Fox Original/Copy of the foregoing mailed/ delivered this ___ day of October, 2005, to: Clerk of the U.S. District Court 401 West Washington Street Phoenix, Arizona 85003

Honorable James A. Teilborg U. S. District Court 401 West Washington Street 11 Phoenix, Arizona 85003
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By____________________________