Nevada Prison Let Man Rot to Death From Gangrene, Suit Says

A 60-year-old insulin-dependent inmate at a Nevada state prison was not given insulin for more than three years, resulting in his suffering a long, agonizing death from untreated gangrene of his lower limbs, according to a lawsuit filed by his family.

Elizabeth Ann Dougherty and Patrick Cavanaugh Jr. filed the lawsuit on behalf of the estate of their father, Patrick Sr., against Ely State Prison Warden E.K. McDaniel; Associate Warden Debra Brooks; staff physician Steven MacArthur; the Nevada Department of Corrections; DOC medical directors Theodore D'Amico and Robert Bannister; and others.

The Cavanaughs say the defendants violated their father's constitutional rights and subjected him to cruel and unusual punishment by failing to provide proper medical care and treatment, resulting in his death April 10, 2006.

According to the plaintiffs, every medical provider and correctional officer at the prison was fully aware of their father's plight, "given the profound and unmistakable smell of putrefying flesh," yet no medical consideration was ever taken to surgically remove his gangrenous limbs or see that he received the care he needed.

Each defendant was personally aware of Cavanaugh's medical condition and was deliberately indifferent to his needs, the complaint alleges.

The defendants labeled his condition as cellulitis while knowing full well that he was suffering from severe, untreated gangrene, literally leaving him to rot to death, the suit says.

Cavanaugh was imprisoned for life in 1985 on a first-degree murder conviction, according to Nevada DOC records.

The lawsuit catalogs a history of neglect and abuse by the prison, including an Aug. 28, 2003, unsigned order in Cavanaugh's medical chart stopping all medications without explanation. However, Cavanaugh allegedly received insulin sporadically after that but received none for a three-year period.

Cavanaugh's chart showed that he had dangerously high blood sugar levels that caused leg ulcers as early as 2001, and his prison records showed that toward the end of his life he suffered from dementia brought on by the gangrene, the complaint says.

According to the suit, the dementia eventually caused Cavanaugh to refuse to leave his cell and refuse all medications. The prison obtained a court order allowing staff to forcibly remove him from the cell to clean it once a week but sought no order to force him to take life-sustaining medications or psychiatric drugs, the complaint says.

The plaintiffs contend that during the final days of Cavanaugh's life, MacArthur revoked an order for morphine and left him to suffer a painful and agonizing death.

Cavanaugh's medical records from the 1980s and 1990s are missing, and of the records that do exist, the nurse's notes reflect large, unexplained gaps, the suit says. In addition, the complaint says, there are no laboratory reports in the existing records, which is "beyond explanation for a man with [Cavanaugh's] dangerous health problems."

The family also claims that Cavanaugh filed grievances regarding the inappropriate medical care he received, but Brooks and McDaniel denied each one.

In addition to constitutional and civil rights violations, the complaint alleges breach of the duty of due care; conspiracy; and negligent retention, training and supervision. It also alleges medical malpractice and negligence against McArthur.

Plaintiffs' expert Dr. Simone F. Russo, a family practitioner, said MacArthur's failure to arrange for Cavanaugh to be seen by a surgical, orthopedic or infectious-disease specialist was outright malpractice and gross negligence that bordered on criminal behavior.

The plaintiffs are seeking special, general and punitive damages.

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