The Fayette Citizen-News Page

Wednesday, May 29, 2002

Suit: Fayette jail's medical staff also negligent in inmate's death

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Despite signs he needed medical attention, James Edward Eppinger was never seen by a physician before he died in a scuffle at the Fayette County Jail August 2000, according to the affidavit of an expert who has studied the case.

The affidavit of Dr. Robert B. Greifinger, who has overseen medical care programs for inmates in Fulton and DeKalb Counties, has been filed in federal court in Newnan. The information is part of a lawsuit filed by Eppinger's parents, who hope to hold the county and the medical firm it contracts with for inmate care liable for their son's death.

Dr. Manuel M. Fajardo and Southern Health Partners Inc., were responsible for providing inmate care to the Fayette jail. Four nurses are also named in the suit.

The suit contends the inactions of the medical staff amounted to "medical malpractice."

Fajardo was negligent "by his failure to examine Mr. Eppinger and diagnose and treat his serious medical needs," Greifinger said.

According to Greifinger's account, when Eppinger was jailed, he was first treated as if he were suffering from withdrawals from alcohol. In the five days before his death, medical staff at the jail "failed to properly diagnose and treat Eppinger's deteriorating medical condition," Griefinger said.

At one point during his incarceration, a nurse phoned in an order for the drug librium, according to the suit.

The suit claims that Eppinger's death was caused by sheriff's deputy David Martin, who put him in a choke hold while trying to subdue him during an altercation. At the time, Eppinger was being transferred from the general population to a more isolated area of the jail.

Eppinger's death was ruled a homicide, according to the suit. A grand jury was presented evidence in the case but Martin was not indicted for his actions.

During his stay in jail, Eppinger suffered from hallucinations and irrational fears, according to the suit.

The county has officially denied any wrongdoing in the matter.

Days before his death, Eppinger began serving a 14-day sentence for operating a motor vehicle without a driver's license.


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