CHARLESTON – The estate of a Harrison County man blames a lack of proper medical care in prison for his death.
Tammy Claypool Shea, as administratrix of the estate of Carl Allen Claypool, filed her complaint July 9 in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation, Wexford Health Sources Inc. and PsiMed Inc. Shea is Claypool’s mother.
According to the complaint, Claypool was arrested and taken to North Central Regional Jail in Doddridge County on July 8, 2022. He was arrested for petit larceny and littering, according to attorney L. Dante diTrapano.
diTrapano
“This is yet another example of our jail system and their third-party medical providers’ gross negligence toward inmate patients with mental illness,” diTrapano told The West Virginia Record. “This is an epidemic in our state.”
The estate says, because of prior incarcerations and documentation, the defendants should have known Claypool suffered from serious substance addiction and abuse as well as mental health problems such as depression and suicidality.
But the complaint says Wexford employee Alexis Losh documented no psychiatric history, no history of psychiatric medicines and no history of substance abuse and treatment during his intake evaluation, according to the complaint. She also incorrectly documented Claypool didn’t use alcohol. He was not referred to a mental health professional and did not undergo a psychiatric evaluation.
Claypool’s medical jail records show his Clinical Opiate Withdrawal Scale findings were obtained July 9 and July 12, but not again for the rest of his time in jail. The records also show his Clinical Institute Withdrawal Assessment Scale scores never were obtained during his stay.
The complaint says Claypool was not provided adequate treatment for his significant withdrawals and was not provided proper treatment for his emotional and physical suffering and increasing risk of suicidality.
On August 12, 2022, Claypool was found hanging by his neck in his cell just after 5 p.m. Medical records show large amounts of emesis (vomit) was on the floor and in his mouth. He was pronounced dead, and the cause of death was listed as asphyxia due to hanging.
The estate accuses the WVDCH of deliberate indifference in violation of clearly established state law, negligent training, negligent supervision, negligence and vicarious liability. It accuses Wexford Health Services of medical malpractice and negligence, and it accuses PsiMed of medical malpractice and negligence.
Shea seeks compensatory damages for Claypool’s pain and suffering prior to his death as well as damages for sorrow, mental anguish, solace, society, companionship, comfort, guidance, kindly offices, advice, loss of income, services, protection, care, assistance, care expenses and funeral expenses. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The complaint says Shea only seeks to recover damages from the WVDCR up to but not exceeding the limits of its applicable insurance coverage.
She is being represented by diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston, W. Jesse Forbes of Forbes Law Offices in Charleston and Anthony I. Werner of John & Werner Law Offices in Wheeling.
Kanawha Circuit Court case number 24-C-753
