CHARLESTON – The estate of a Logan County woman says negligence by both jail officers and medical staff led to her death.
Andy Lee Griffin, as administrator of the estate of Amber Griffin, filed his complaint July 17 in Kanawha Circuit Court against PrimeCare Medical of West Virginia, the West Virginia Division of Corrections and Rehabilitation and correctional officers Lora Ball, Theresa Paige Browning and Judy Workman. Andy Lee Griffin was Amber Griffin’s husband.
“The combination of PrimeCare’s medical negligence and WVDCR’s deliberate indifference cost this young lady her life,” Dante diTrapano, one of the attorneys representing the estate, told The West Virginia Record. It is inexcusable the manner in which serious medical conditions are ignored in our regional jails.”
diTrapano
According to the complaint, Amber Griffin was incarcerated at Southwestern Regional Jail in Logan on July 13, 2021. During her intake evaluation and during her time at the jail, she showed signs and symptoms of withdrawal and anxiety, according to the complaint. It also says none of those issues were appropriately treated.
“The readily available PrimeCare records clearly demonstrated the fragile state of Mrs. Griffin’s mental health, her need to see a psychiatrist, and her high risk of drug usage when she incarcerated in July 2021,” the complaint states. “Specifically, the record reflects that Amber was tearful and requested that she be provided her pre-incarceration medication.”
She was placed in detox protocol, but records show members of the medical staff didn’t complete withdrawal assessments during her stay at the jail. It also says her vitals never were taken after her intake evaluation.
The complaint says inmates housed in Griffin’s section were unable to contact corrections officers in the tower starting on July 22, 2021. It says staff members knew of the issue as well.
On July 23, 2021, the complaint says correction officer Savannah Bowman and Ball saw an inmate housed in Griffin’s cell throwing items out of the cell and mopping the cell floor multiple times between 5 p.m. and 11:30 p.m. It says that cellmate also appeared to be under the influence of drugs and/or alcohol during that time, and she poured a bottle of an unknown liquid into the fountain of the unit’s dayroom between 5 p.m. and 6 p.m.
Workman distributed food trays just after 5 p.m., and Griffin did not report to get her tray. Evening pill pass was just after 10 p.m., and Griffin didn’t report to get her pill either.
Around 11 p.m., an inmate can be seen on surveillance footage waving her arms at the camera. At 11:17 p.m. during security check, Browning was told Griffin was sick and that the call button wasn’t working.
“The medical staff and corrections falsely reported to first responders that Mrs. Griffin was present for dinner and for the evening pill pass and did not report any problems,” the complaint states. “Amber Griffin was pronounced dead at 11:48 p.m. on July 23, 2021.”
A corrections investigation into her death showed Workman failed to perform hourly security checks on the day of Griffin’s death and that the call buttons could not be used by inmates to contact the tower. But the investigator ruled the failure of the staff to perform mandatory safety checks and the inoperable call buttons did not cause or contribute to Griffin’s death. Inmates housed in Griffin’s section were criminally charged as a result of her death, according to the complaint.
In the weeks prior to her death, the complaint says several other inmates at the jail suffered drug overdoses, including several in the same unit.
Griffin’s autopsy showed the cause of death to be Fentanyl, methamphetamine, venlafaxine, topiramate, carbamazepine and ethanol intoxication.
“It is a gross deviation from the standard of care for PrimeCare to not provide appropriate detox treatment and monitoring,” the complaint states. “Instead, tragically and inexcusably, the PrimeCare medical staff failed to comply with the standard of care, and Mrs. Griffin was allowed to suffer and die.”
The estate accuses PrimeCare of medical negligence, negligent training and supervision. The DOC and the corrections officers are accused of negligence, deliberate indifference and negligent training.
The estate seeks compensatory damages for his losses as well as for his late wife’s pain and suffering and medical expenses before her death. He also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
He is being represented by diTrapano and Amanda Davis of Calwell Luce diTrapano in Charleston; Bill Forbes and Jesse Forbes of Forbes Law Offices in Charleston; and Tim DiPiero and Lonnie Simmons of DiPiero Simmons McGinley & Bastress in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-605