Published May 07, 2008 09:59 pm - A Youngstown, Ohio, man is seeking $1 million for injuries he allegedly suffered after not receiving proper medical care while an he was inmate in Crawford County jail.
Man files $1M suit against jail for improper care
By Jane Smith
05/08/08
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A Youngstown, Ohio, man is seeking $1 million for injuries he allegedly suffered after not receiving proper medical care while an he was inmate in Crawford County jail.
Donald J. Gaetano filed a civil suit against Crawford County Court of Common Pleas Judge Anthony Vardaro, Crawford County jail Warden Tim Lewis, Deputy Warden Kenneth Saulsberry and Crawford County commissioners Morris Waid, Jack Preston and Sherman Allen.
Lewis said he had not seen the lawsuit yet, but called it “frivolous,” saying the jail follows policy in all medical cases. Mark Stevens, county attorney, said he had not seen the suit and therefore could not comment.
Gaetano was sentenced to serve eight months in jail on a retail theft charge after allegedly stealing groceries from Ray’s Market Place in Linesville.
According to the suit, when Gaetano was sentenced June 1, 2007, Vardaro was advised of his medical condition, which included a spinal cord injury, heart problems and diabetes. In addition, he had had shoulder reconstruction surgery and needed therapy and stretching exercises. He had been doing therapy for three months prior to his sentence.
He alleges despite being told of the problems, Vardaro “intentionally and maliciously refused” him medical attention and therapeutic treatment. The suit said Gaetano now suffers from a permanent shoulder injury and will require another reconstruction operation since he was unable to have therapy.
The lack of action by local officials was in violation of his constitutional right that opposes cruel and unusual punishment, according to the suit.
In addition, the suit alleges that Lewis and Saulsberry acted knowingly and negligently when they knew the medical staff did not provide Gaetano with adequate medical care because the doctor was not at the jail every day and the nurse went home at 4 p.m.
He alleges correctional officers distributed medications and syringes to him but sometimes got them mixed up. In addition, he said when his blood-sugar level was low, he was given only drinks with sugar substitutes, the case states. He also alleges his blood sugar level was not tested properly.
Gaetano also claims he was required to do daily laundry work despite having the shoulder injuries, and officials threatened to put him in restrictive housing, causing him anxiety and stress.
In August of last year, he woke up with “severe chest pains,” the lawsuit says, and the correction officers gave him a nitroglycerin pill. When this condition occurred a second time, he alleges, Saulsberry directed an officer to give him several nitroglycerin pills. Gaetano alleges that led to even more pain and a paramedic was then called to take him to Meadville Medical Center. He then was transferred to Hamot Hospital in Erie where he had to undergo triple bypass surgery.
Gaetano then had his sentence furloughed, allowing him to leave the jail until his health improved. He was to return to the court in Crawford County in February this year for further review and to complete the rest of his sentence, according to Nick Loiacona, adult probation officer.
However, before that could happen, Gaetano was arrested and jail Ohio on related charges, said Loiacona.
Gaetano is representing himself in the suit