LINCOLN, Neb. (AP) — A federal judge ruled that a man paralyzed in a county jail cell can receive a $1 million settlement from Lancaster County, rejecting the state's claim to be compensated for the man's medical treatment.
The Nebraska Department of Health and Human Services had sought more than half the settlement to recoup Medicaid payments for Arok Atem's medical bills, the Lincoln Journal Star reported (http://bit.ly/29O9VEd ).
Atem was arrested in April 2011 after police suspected he was drunk at a hospital, and was later found in his cell with spinal cord fractures. He is now a quadriplegic.
In his lawsuit, his attorney, Maren Chaloupka of Scottsbluff, said Atem was suicidal, acutely mentally ill and had been given no treatment or anything to eat or drink for at least 36 hours. He was denied a shower, phone call and mattress, she said.
People are also reading…
Despite being on suicide observation, Atem lay on the floor of his cell, unable to move, for roughly 18 hours before jailers realized he needed medical attention, the lawsuit said.
Last year, Atem agreed to the $1 million settlement, which is the amount damages would have been capped under state law.
Two weeks after the settlement was reached, an attorney for the Nebraska Department of Health and Human Services sought to block the settlement, saying state taxpayers should be reimbursed for the medical assistance spent treating Atem's paralysis.
In rejecting the state health agency's attempt to recoup more than $500,000, Senior U.S. District Judge Richard Kopf said Monday that the settlement expressly excluded medical expenses.
___
Information from: Lincoln Journal Star, http://www.journalstar.com
