City to pay $3 million in Emily Rice wrongful death lawsuit
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published November 13, 2008 at 2:36 p.m.
Ken Papaleo / The Rocky
Sue Garber carries a "We Miss You" sign about her daughter Emily Rice as protesters leave Denver Health Medical Center to march to the Denver City Jail in March 2007. Family and friends later held a vigil.
Emily Rice, 24, died at the Denver Jail after being arrested in 2006.
The city of Denver is poised to pay $3 million to settle a lawsuit filed by the family of Emily Rae Rice, the young woman who bled to death in the city jail while her screams for help fell on deaf ears.
The proposed settlement, which the City Council will consider Monday, is one of the largest — if not the largest — in the city's history.
It comes six months after attorneys for Rice's family reached a $4 million settlement with Denver Health Medical Center, which also agreed to policy changes known as "Emily's Rights."
The proposed settlement with the city calls for 23 changes in protocol and procedures at the jail, including a requirement that the jail take the vital signs of anyone coming from the hospital.
The changes will be known as "Emily's Protocols," said Darold Kill- mer, the family's attorney.
"The family has been insistent that improvements be made and that protections be implemented for everyone in the future so that another tragedy like this doesn't occur," he said Thursday.
"I have been so in admiration of my clients," he added. "They always insisted on actual changes occurring. While the money is important, these changes were far more important than the money in this settlement."
Rice, 24, died of internal injuries at the jail on Feb. 19, 2006, after she was injured in a car accident the day before.
Doctors at Denver Health treated Rice before she was booked into jail on suspicion of drunken driving.
An investigation by state regulators found that Denver Health failed to properly screen Rice for her injuries and didn't stabilize her before she was transferred, among other critical findings.
Once she was behind bars, Rice cried out in pain for hours and pleaded for help, but guards and nurses assumed she was drunk, according to the lawsuit.
A nurse told Rice to "sleep it off" and then to "stop being dramatic" when she collapsed, the lawsuit states. Her cries for help even led other inmates to scream and bang on the glass to get guards to check on Rice, it states.
By morning, Rice was dead.
An autopsy found that Rice had a 7-inch gash to her liver, a lacerated spleen and three broken ribs.
Council President Jeanne Robb said she plans to vote in support.
"My heart goes out to (Rice's) friends and family," Robb said.
This year alone, the council has approved at least $2.3 million of payouts to settle lawsuits ranging from a wrongful arrest to an alleged police beating.
Under the proposed settlement, Sue Garber, Rice's mother, and Roy Rice, Emily Rice's father, will each receive $950,000. The estate of Emily Rice would receive $100,000, which Killmer said would be divided equally between the parents. Killmer's firm will receive $1 million.
"We are submitting a settlement proposal for City Council approval that we believe will conclude what has been a tragic event in our community," City Attorney David Fine said in a statement. "If approved, we hope this agreement will allow the Rice family and all others touched by this tragedy to move forward with the process of healing."
Killmer said he hopes the proposed settlement will provide the family some closure.
"It's impossible to get over the death of a child," he said. "Nothing will ever solve the hurt from a tragedy like that. But the family is gratified that they've left things better than the way they've found them and that people in the future will be protected."
Featured
-
DNC in Denver
Complete coverage of the 2008 Democratic National Convention.
-
The Crevasse
A five-part series that examines one tragic day on Mount Rainier.
-
Deadly denial
Sick nuclear workers applied for government compensation but most haven't seen a dime.
-
Final Salute
The Rocky followed Maj. Steve Beck as he took on the most difficult duty of his career.
-
'Colorado's burning'
Coverage of the state's worst wildfires.
-
Columbine shootings
Coverage of the April 20, 1999, shootings at Littleton's Columbine High School.
-
The Crossing
Colorado's deadliest traffic accident killed 20 children on Dec. 14, 1961.
-
Osveli's journey
Osveli Sales left Guatemala for a better life. Two months later, he came home in a box.
-
Wake for an Indian warrior
Oglala Sioux bestow a tribute to the first tribal fatality in Iraq.
November 13, 2008
2:49 p.m.
Suggest removal
BetterEducated writes:
We can only hope this gives the Rice family a little bit of closure on something that should never have happened.
We have a daughter the same age and would be devastated in their shoes. We can only imagine the enormity of pain they have to live with every day. No amount of money would assuage our feelings and no doubt this family feels the exact same way.
We send prayers for the family's eventual recovery, and even more sincere inner hopes for Denver's having learned something from this terrible experience.
November 13, 2008
3:01 p.m.
Suggest removal
Andy writes:
Are there any criminal charges pending? It seems to me that there should be.
November 13, 2008
3:09 p.m.
Suggest removal
Darwin writes:
Of course no criminal charges are pending. That is why a similar incident will occur in the future. There is no longer any personal responsibility and the taxpayers will pay for the incompetence. At a minimum, the responsible individuals should be fired. Oh wait, their union would not allow that.
November 13, 2008
3:27 p.m.
Suggest removal
ebyrner writes:
Pigs!
November 13, 2008
3:28 p.m.
Suggest removal
joggle writes:
While the people that were responsible deserve to be sued, I don't know how having the government foot the bill will punish anyone other than taxpayers. This payout almost certainly won't affect any of the people responsible at all.
November 13, 2008
3:32 p.m.
Suggest removal
BroncoRick69 writes:
Pigs? as in: http://www.youtube.com/watch?v=0MzB-T...
November 13, 2008
3:35 p.m.
Suggest removal
nikkbliss writes:
That is a terrible way to die. At least what could have been done in that case would have been to check on that person to see what the noise was about, and if the authorities see that the person is just drunk, well then let it go, but to check on the person later, say 15 min later; you could try to tell the person to be quiet, but if they are drunk, as everyone knows, they will not be. While it would have been easy for the authorities to assume the person encarcerated was drunk, it would be a good idea now to check on that person. It is catastrophic to have something like that happen. Imagine if it were you.
November 13, 2008
3:35 p.m.
Suggest removal
Who_Me writes:
The upshot is that DPD didn't bash her face against the street or curb. Count your blessings when and where you can, I guess.
November 13, 2008
3:35 p.m.
Suggest removal
denverone writes:
Closure? What a joke. Does anyone need $7MM to gain closure? The attorney's get 1/3 of it, and I suppose you all think they deserve $2.1MM for "Closure" too? 5MM should BUY some closure.
November 13, 2008
3:36 p.m.
Suggest removal
Scott writes:
Without punishing the idiots that let this woman die, only the tax payers will be punished.
Welcome to socialist "medicine" where the all knowing all seeing government decides when you should and should not see a doctor.
Scott
November 13, 2008
3:50 p.m.
Suggest removal
The_Punnisher writes:
Scott writes:
Without punishing the idiots that let this woman die, only the tax payers will be punished.
Welcome to socialist "medicine" where the all knowing all seeing government decides when you should and should not see a doctor.
Scott
Correction:
Where the Mental Defectives running the jail make the medical decisions.
EVERY civil servant becomes your ( Un ) Civil MASTER...
( and the WORST officers get assigned jail duty. I've seen it )
November 13, 2008
3:51 p.m.
Suggest removal
Who_Me writes:
If I didn't have to live in Denver because of my ankle bracelet, why, I guess I'd live in Lakewood.
November 13, 2008
4:02 p.m.
Suggest removal
mrtaco writes:
What caused this woman to bleed to death???
November 13, 2008
4:06 p.m.
Suggest removal
Who_Me writes:
mrtaco,
She was in a car accident. DUI on her part. Complained about pain, checked out (supposedly) by medical staff and jail staff, continued to complain about the pain, other inmates were screaming for the jail staff to do something, her last words were to the effect of wanting her mommy, jail surveillance tape has a few minutes of missing time. She died from internal bleeding.
November 13, 2008
4:06 p.m.
Suggest removal
Cowboy63 writes:
Scott writes: "Welcome to socialist "medicine" where the all knowing all seeing government decides when you should and should not see a doctor."
That's right. She got the advanced version of HillaryCare. A physician's assistant kicks your feet and if you groan - you're OK.
What would that $3 million have gotten the taxpayers?
To the cop-haters here: it wasn't the "pigs" that failed her - it was the nurse at the jail. She was driving drunk! They did their job.
November 13, 2008
4:06 p.m.
Suggest removal
Scott writes:
Punnisher,
If memory serves me correctly a Denver General nurse (government ran "hospital") made the decision that this woman did not need medical attention.
Scott
November 13, 2008
4:18 p.m.
Suggest removal
liza writes:
What a horrifying story. I have daughters this age in college, and I shudder to think what the family must be going through. Drunk driving is definitely a serious offense. But.........WHAT???
I'm thinking there is a very special place reserved for that "nurse" someday.......
November 13, 2008
4:23 p.m.
Suggest removal
The_Punnisher writes:
Ah, but this mental defective was stuck with the others. You are bound to get a certain amount of contamination that way....
( contamination: cynical behavior in this case )
" You aren't REALLY sick "....
Again, I have seen it in several cop shops. Why buck the trend? WE have to show these people who's boss, anyway...
November 13, 2008
4:42 p.m.
Suggest removal
enough321 writes:
$10 million wouldn't be enough. Maybe $20 million? Would that be enough for the citizens to be outraged and get those responsible fired? Well, we'll never know. Just yawn and hand it over.
November 13, 2008
5:09 p.m.
Suggest removal
bythereever writes:
Scott- A study by the Commonwealth Fund, a New York-based health policy research group found:
the United States spends twice as much on health care as the others(7 other affluent nations), with the current economic woes putting more people at risk of losing employer-provided health insurance.
Chronically ill Americans are more likely to forgo medical care because of high costs or experience medical errors than patients in other affluent countries.
Fifty-four percent of Americans surveyed said high costs prevented them at some point from getting recommended medical care.
A third of U.S. patients said they were given the wrong medication or dosage, experienced a medical error, received incorrect test results or faced delays in hearing about test results, more than any of the other countries.
Almost half of the U.S. patients said their time had been wasted because of poorly organized care or had received care of little or no value during the past two years.
Our system needs a massive overhaul, wouldn't you say?
November 13, 2008
5:33 p.m.
Suggest removal
Scott writes:
bythereever,
Agreed, but the Canadian "system" is not the right way. The Wicked Witch of The East is all for a Canadian style system.
The Dutch actually have figured out how to do it right. The Netherlands mandates that everyone have basic health insurance. There are about 19 private companies that provide it in the Netherlands. If you can afford to purchase enhance coverage you may. If you can't afford even basic, the government will help out with the payments. You can choose your private practice doctor. You can choose your hospital. You get service quickly, that is, you don't have to wait months, or for your condition to become critical, to get service. The Dutch government realized a tremendous cost saving with this method (they use to have socialist medicine) and the citizen are a lot happier with it.
This is a heck of a lot better than WitchCare or any other form of socialist medicine where the benevolent socialist government tells you when you can get treatment. I believe that Massachusetts now has mandatory basic insurance coverage.
Scott
November 13, 2008
7:21 p.m.
Suggest removal
The_Punnisher writes:
Scott, I think you are onto something.
They do a better job it holding back the sea and it looks like they have a good standard of living, too..
Add their views on marijuana and prostitution....
http://www.mapsofworld.com/world-top-...
November 13, 2008
7:40 p.m.
Suggest removal
bythereever writes:
Scott- Agreed. The Netherlands was one of the other 7 mentioned and I recently saw a documentary which spent some time on their system. I don't think the canadian system is the way to go either, sounds like the dutch have found some middle ground that works.
November 13, 2008
7:43 p.m.
Suggest removal
bythereever writes:
Punnisher- Shouldn't you still be barricaded? I don't think they found the code officer's killer yet.
November 13, 2008
9:46 p.m.
Suggest removal
spyder writes:
I am sure the Denver Elected Officials' that are 'working' on our behalf, will get a 'study' going. They will fill it with all very 'professional' people, to see what needs to be done to keep this from happening again. (Kinda like the one they supposedly put together, that nobody hears anything about, that is looking into why an illegal alien was driving repeatedly with 16 arrests in the Denver Metro area, and every jurisdiction slapped him on the wrist, gave him a ticket, with 3 outstanding warrants for him, and asked him to come back for court.)
November 13, 2008
10 p.m.
Suggest removal
enchantinggirly23 writes:
is there any one that knew her well? i would like to know if she went to englewood high school in englewood colo ?
November 13, 2008
10:44 p.m.
Suggest removal
Really writes:
I wonder if the other person that Rice hit when she was DUI is getting any compensation from the family/estate. Maybe they should sue for.....7 millions dollars. Oh wait, that is just me trying to hold the "Victim" (Rice) accountable for her actions... my mistake...
November 13, 2008
11:10 p.m.
Suggest removal
Delcycer writes:
The Dutch? Healthcare? What planet is everyone on? The United States faces a massive, long-term healthcare crises of biblical proportion, and we're going to model it on a country with 16 million people concentrated in 33,800 square kilometers?
Using the Census Bureau's medium projections, U.S. population will grow to 394 million by the year 2050, divided by 9,172,389 square kilometers.
It seems insane to me that there is a basis for comparison with the healthcare of a country like the Netherlands. Health care is not a commodity, it is not the same as oil or cars or electricity; it is a leading cause of bankruptcy--because some things cannot be traded the same way coal and lumbar are traded in economies like the United States' without terrible unintended consequences.
What do the Netherlands heart disease, and diabetes rates look like? Stroke? What about mental health issues? Hmm? Does their health care picture look anything like the US?
I believe the government is an idiot--no matter who's in charge--and I don't know that I trust the government to run a national health care program.
But could it really get worse?
What we have now is a total and complete disaster, a shameful, dreadful, deadly mess. Just wait.....baby boomers are getting on, and in another ten years that bill's going to come calling.
And if you have to pay it, you might go bankrupt.
November 13, 2008
11:22 p.m.
Suggest removal
maithoughts writes:
Cowboy it was not the nurse that failed. In the end she was never called. The inmates yelled the Jailer never responded. I had an argument years back with a DPD officer about the problems within their organisation. He told me the problem lies with the union. They stand behind every officer right or wrong. too the point other law abiding officers are scared to report what they know or heard about abuse or negligence.
November 13, 2008
11:22 p.m.
Suggest removal
jonesfamily writes:
I'm glad that there is justice for Emily. I went to high school with her. And this news was shocking for everyone that knew her.
Emily was a great all-around person. I know people say that a lot about people after they pass, but it really is true of Emily. She was always happy, always having fun. She was just one of those people that got along with everyone. She could relate to anyone. She just had that charisma.
I don't excuse the fact that she was intoxicated, and could have very easily have hurt someone else. I've even heard people say, "She didn't have any regard for anyone while she was driving like that, so why should they with her?" And I get how people may feel jaded in that way. Especially people that have lost loved ones due to a drunk driver. But I think it's important to rise above that, and have compassion for people in general. People have such an 'eye for an eye' mentality about others, and I just think it's such a bad way to look at things. She could have hurt someone, but she didn't. So what 'could have' happened is irrevelant. I guess above all, no one should have to suffer the way Emily did. Emily screamed out for her mother in her dying moments. And not just 'mom', but 'mommy'. I can barely compose myself when I think what kind of pain she had to be in to scream out 'mommy' over and over. A girl in her 20's screaming 'mommy'. It breaks my heart....
November 14, 2008
12:15 a.m.
Suggest removal
BacklashSchitzka writes:
Bottom line - Denver Health, and the City in general, hires the jaded, the recalcitrant, and the Lowest Common Denominator of humanity to tend to the well-being of the public they are employed to serve. This trend was especially rampant during the nepotistic era of the Webb administration - and, sadly, there are so many of them left in the system.
November 14, 2008
8:01 a.m.
Suggest removal
ElGordo writes:
So much blame going around, except to the one person who deserves it. I wonder how the boards would be if she indeed hurt someone else. Emily put herself in that situation and she paid the ultimate price.
November 14, 2008
8:09 a.m.
Suggest removal
Scott writes:
jonesfamily,
Going from my aged memory, when this story first broke a number of months ago the jist of it was that the nurse WAS called and deemed that the woman did not need to go to the hospital.
If someone can find the links to the original RMN articles, please put them up here.
Scott
November 14, 2008
8:39 a.m.
Suggest removal
bfkane writes:
Most of you need to get some facts, rather than making yourself look even more retarded. DPD doesn't run the jail system in Denver, it's Denver Sheriff Dept. that is in charge. So, the DPD union couldn't save any jobs in this case. Also, all PD and Sheriff uniformed officers go through detailed background screening, take polygraph tests, and physcological testing (which is much more than most of you had to go through to get your job). So statements claiming that they are unqualified, criminals, or the "lowest common denominator" is just showing how little you know. They are not trained in medical practice, so if you want blame, look at medical staff.
November 14, 2008
9:34 a.m.
Suggest removal
cassidy22 writes:
There were failures throughout the system here, and that is so sad.
What a painful death she must have endured, in an awful place where she just needed help. How could doctors have missed this? How could anyone ignore her cries for help - her fellow inmates certainly knew there was a problem.
Our system is NOT supposed to allow cruel and unusual punishment. Allowing someone to slowly die, to me, is just that. The system failed and it needs to be fixed.
November 14, 2008
9:40 a.m.
Suggest removal
jonesfamily writes:
Scott,
I'm sorry, I'm confused by your comment as I didn't mention any nurses in my response?
November 17, 2008
11:22 a.m.
Suggest removal
justinsmithhyundai writes:
Let me get this right... If your daughter drives drunk, gets into an accident, and gets cleared by a nurse and still passes away... you get $3,000,000. No amount of money will ever bring back these folk's daughter. DON'T place blame on law enforcement for doing their job (locking up a drunk driver). Cowboy63 wrote: To the cop-haters here: it wasn't the "pigs" that failed her - it was the nurse at the jail. She was driving drunk! They did their job. My entire family is in law enforcement. Thank God they take these drunks off the road so that MY DAUGHTER is not killed by one. Congrats on your $3,000,000. My daughter doesn't drive drunk.
January 3, 2009
12:54 p.m.
Suggest removal
wasabi writes:
My brother was killed by a drunk driver. Let's suppose Emily Rice not only got into an accident due to being intoxicated, but that she killed another in the process. She is then negligently reviewed by Denver Health staff and dies in the Denver jail. Is it a tragedy that she died? Sure, because it was preventable. However, under this hypothetical, it is also a tragedy that the person she killed died because her drinking and driving was preventable. Under this hypothetical, Emily Rice's family would walk away from the tragedy with $7 million (minus attorney fees) and Emily Rice's victim's family would walk away from the tragedy with a big goose egg.
Remember folks, Emily Rice died from injuries caused by her drinking and driving. Society has no real remedy from people who conduct this sort of anti-social behavior. Consider that in your analysis of who is right and wrong in this case. Also, please consider that when you decide to go to a Broncos game, drink a few, and drive home.