Lawyers for the County of San Diego lost their appeal of a multimillion-dollar jury verdict against sheriff’s deputies and jail staff in the case of a man who suffered permanent brain damage from falling in a jail cell and not receiving immediate treatment.
In 2019, a jury awarded David Collins and his family $12.6 million, but the trial judge cut that award nearly in half. Collins’ attorney said he offered to settle the case for $3 million but the county rejected that offer as too high.
This week judges for the 4th District Court of Appeals rejected arguments put forward by county lawyers at a hearing earlier this month, ruling that deputies wrongly intervened when paramedics were medically treating Collins, a former Carlsbad resident, and arrested him on suspicion of public intoxication.
Among other challenges, the County Counsel’s Office argued that sheriff’s deputies had reason to arrest Collins when he was found stumbling in the street near his home in 2016, because they had visited his apartment earlier that evening and determined he had been drinking.
But appellate judges disagreed, saying the deputies should have allowed the medical examination to proceed.
“The deputies could simultaneously have probable cause to arrest Collins, but also have negligently interfered with the paramedics, preventing Collins from receiving critical medical care,” the 44-page ruling states.
Appeals court judges also rejected the county’s claim that the trial court judge erred during the trial.
Neither the county nor the Sheriff’s Department responded to requests for comment on the ruling.
Collins, who was 30 at the time, was suffering from a severe sodium deficiency that night that affected his balance and slurred his speech.
Paramedics responded to a report that Collins was in distress a short distance from his home. They were in the process of evaluating Collins when deputies arrived and decided that Collins was drunk.
Collins was arrested and taken to the Vista jail, where he fell inside a holding cell and struck his head. The fall caused a brain bleed that was not immediately noticed or treated by jail medical staff, court records show.
More than 12 hours passed before a nurse assessed his condition.
Collins was transported to Palomar Medical Center. On the way, the Sheriff’s Department formally released Collins from its custody, records show.
He was never charged with a crime.
Once at Palomar, doctors and nurses mistakenly raised Collins’ sodium levels too quickly, exacerbating his injury. Palomar Medical Center has since settled Collins’ claim against its doctors for $2.75 million.
Attorney Robert Vaage, who represented Collins and his family in the long-running litigation, said the jury got it right when it awarded multi-million-dollar damages during the 2019 trial, and he and his clients are pleased with the appeals court ruling.
“We are hopeful that this decision will prompt the county to implement changes to policies implemented by sheriff’s deputies, jail personnel, including medical personnel, in the manner in which they assess and treat members of the public,” he said.
Collins will require medical care for the rest of his life. He lives with his parents in Encinitas and requires at-home health care. Because of the permanent brain damage, he is unable to perform many routine tasks, such as buttoning his shirt.
“Ultimately, it is our hope that no one else will have to suffer the damages that David Collins has suffered in this case,” Vaage said.
It was not immediately clear if county lawyers will appeal the ruling to the state Supreme Court.
The 4th District judges also ordered the county to pay the costs of the appeal. The county is self-insured, so the lawsuit cost will be borne by taxpayers.
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