_fitted.png&w=3840&q=100)
‘I can't breathe.' Man held down as EMT fatally injects wrong drug, IA suit says
The federal lawsuit was filed against the City of Sioux City, the Sioux City Police Department, Sioux City Fire Rescue and several individuals.
'The City of Sioux City intends to vigorously defend against the allegations in the lawsuit and will respond specifically to the allegations by its filings with the Court. The City will not have further comment at this time,' an email from city officials to McClatchy News said.
McClatchy News reached out to the Sioux City Police Department and Sioux City Fire Rescue for comment May 21 but did not immediately hear back.
Just before 4 a.m. Aug. 18, 2023, Sioux City police were called for a report of a man lying in a deserted street, according to the civil complaint.
Eight people from the police department and fire rescue showed up after 26-year-old James Joseph Foster Jr. told an officer he had injured his arm, the lawsuit said. Foster posed no threat and was 'instead acting disoriented and fearful of them, moving away from them repeatedly,' the complaint said.
'Paramedic Deanna LaMere decided that this was an appropriate situation for chemical restraint and that Mr. Foster needed to be injected with the powerful incapacitating drug Ketamine,' according to the lawsuit.
Foster was then held down and 'against his will' LaMere injected him, the complaint said. However, it wasn't ketamine she injected him with, but instead it was a paralytic medication called rocuronium, the lawsuit said.
Attorney information for LaMere was not available.
Rocuronium is typically used 'with general anesthesia medicines for rapid sequence intubation and routine tracheal intubation. This medicine is also used to help relax the muscles during surgery or mechanical ventilation,' according to Mayo Clinic.
After he was injected, Foster 'screamed and asked if the injection would kill him,' the lawsuit said. He told first responders he was in pain and LaMere told him, 'you're fine,' according to the complaint.
At 4:10 a.m., Foster was handcuffed and he began struggling to breathe, gasping for air and asking 'am I going to die?' the lawsuit said. He then began to cry, 'I can't breathe,' as his breathing 'deteriorated almost immediately,' according to the complaint.
'Not a single on-scene Defendant checked to see if Mr. Foster was in medical distress or if he needed medical attention,' the lawsuit said.
Sometime between when Foster was injected and 4:11 a.m., LaMere realized she had given him the wrong drug and 'knew that he needed immediate attention to survive,' but she didn't tell anyone, the lawsuit said.
Despite his deteriorating health and obvious need for medical care, one sergeant at the scene told Foster 'You're not gonna die, you're fine,' the lawsuit said.
LaMere and another officer reported that Foster began 'kicking and swinging' at first responders or 'pulled on one of the firefighter's legs with his arms,' but body cam footage 'clearly shows that this did not occur,' the complaint said.
'At 4:13 a.m., as Mr. Foster stopped all movement due to the rocuronium, and one of the on-scene Defendants then told him 'night night.' Mr. Foster's eyes remained open while he lay motionless on the stretcher,' the lawsuit said.
Ultimately, Foster stopped breathing in the ambulance due to 'chemical paralysis' caused by the injected paralytic and went into cardiac arrest, the complaint said. His brain was deprived of oxygen and he died two days later, according to the lawsuit.
An affidavit filed by Assistant Woodbury County Attorney Loan Hensley said LaMere realized she gave Foster the wrong medication when she went back to the ambulance to give him a 'second dose' of ketamine, the Iowa Capital Dispatch reported.
But she 'did not take the appropriate actions' and 'did not take the appropriate steps to notify anyone or treat the patient any different. It wasn't until they got to the emergency room at Mercy One Medical Center that the defendant told the ER physician about the medication error,' the affidavit said, according to the outlet.
She then continued her 'clumsy cover-up' by improperly disposing of the rocuronium and ketamine vials, the lawsuit said.
LaMere is charged with involuntary manslaughter and pleaded not guilty on Feb. 3, the news outlet reported.
In his obituary, Foster was described as a jokester and 'the daring one in crowds. ' He was a father of two girls and 'enjoyed teaching them how to build bike ramps and do backflips on their trampoline.'
The lawsuit, which accuses the defendants of excessive force and medical malpractice, is asking for an undetermined amount in damages.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Miami Herald
3 days ago
- Miami Herald
3-month-old endangered Florida predators — likely littermates — are found killed
Two rare Florida panther kittens that appear to be siblings were killed together by vehicle strikes outside a Naples subdivision. The pair of panthers, both 3.5-month-old females, were found dead on Davis Road the morning of Sunday, Aug. 10, according to the Florida Fish and Wildlife Conservation Commission. FWC biologists said the two were killed at approximately the same time. 'Given that fact, and that they are estimated to be the same age, it makes sense that they are likely from the same litter,' lead panther biologist Dave Onorato told McClatchy News. One was found dead in the eastbound lanes of the six-lane road, and the other was found dead in the westbound lanes. They were killed just south of the Naples Heritage Golf & Country Club and another residential community on Madison Park Boulevard. Vehicle strikes are the leading cause of death of the endangered Florida panther, accounting for nearly 60% of fatalities, according to the FWC. Of the 12 panther deaths that have been documented this year, 11 have been from vehicle collisions, records show. 'As the state grows, suitable habitat for panthers and other wildlife shrinks,' biologists said. 'Florida panthers normally live in remote, undeveloped areas. But as both the number of panthers and the number of people living and recreating in Florida grows, so does the chance of an encounter with a panther.' Panthers roam across large territories that are increasingly crisscrossed by roads, with males typically having a home range of about 160 to 200 miles, while females' territory is 60 to 75 miles, experts say. Young panthers in particular are vulnerable to vehicle strikes, data panther kittens that died would likely have still been dependent on their mother for food. 'When they are about 2 months old, kittens begin to accompany their mother on hunting forays,' according to FWC biologists. 'At first she hides them nearby while she hunts. After a kill, she leads them to the site where they all feed.' While panthers may prefer remote wilderness, the location of these deaths shows the animals live near urban areas as well. The FWC recommends if you see a panther, give them space, face the animal, try to appear larger and don't run. To report an injured or dead panther, call the FWC's Wildlife Alert Hotline at 888-404-3922.
Yahoo
3 days ago
- Yahoo
Disturbing Footage Captures Father Killing 13-Year-Old by Shoving Back Scratcher Down Throat: Reports
The boy's foster parents have both been arrested in connection with his death earlier this month, according to several news outletsNEED TO KNOW A 13-year-old boy was beaten to death by his foster father, according to Pennsylvania State Police Police say the family's home security cameras showed footage of the beating taking place The boy's foster parents have been arrested and charged in connection with the boy's death, according to WNEPPolice in Pennsylvania have arrested the foster parents of a 13-year-old boy who was allegedly beaten to death over several hours last weekend and left to die in his bedroom. Authorities first arrested the foster father, Cesar Delgadillo, last Monday after police were called to the couple's home in Drums, Pa., where their 13-year-old foster son was found covered in marks and lacerations, according to WNEP. The boy was rushed to a local hospital where he later died, WNEP reported that Pennsylvania State Police officers found home security footage that showed the father beating the boy and jamming a backscratcher in his mouth. The next day, WVIA and WOLF reported that police also arrested the boy's foster mother, Virginia Delgadillo, after reviewing more home security footage that showed her watching the beating take place before going to sleep. The boy was allegedly beaten from late Sunday night into Monday morning, according to the outlets, and home security footage also showed some of the couple's other four foster children attempting to clean up blood around the house afterwards. "The video captures large amounts of blood being deposited on the floor during the assaults," reads a police affidavit, according to WNEP. "Some of the children who reside in the residence were observed actively cleaning blood from the floor." PEOPLE has not directly reviewed the police affidavit. The outlet reported that two of the foster children woke up Virginia, 34, early Monday morning, after which she discovered the 13-year-old boy unresponsive in his basement bedroom. Police soon arrived at the home, and the boy was taken to the local Lehigh Valley Hospital in Hazleton, where he died about an hour later, according to WNEP. Cesar, 39, has been charged with homicide, child endangerment, evidence tampering and obstruction, according to WNEP. State police charged Virginia with five counts of endangering the welfare of children, four counts of corruption of minors, and one count of tampering with physical evidence, according to WVIA. Cesar reportedly began abusing the boy after two of the couple's other foster children claimed the teen had sexually assaulted them, per affidavits cited by WVIA. The family's five foster children ranged from 5 to 16 years old, according to WVIA. The outlet also reported that the four living foster children are now in state custody as Cesar and Virginia await court hearings later this month. PEOPLE has reached out to a spokesperson for the Pennsylvania State Police for more information. Read the original article on People
New York Post
7 days ago
- New York Post
Silly Goose frontman Jackson Foster arrested for pop-up concert at Chicago gas station after Lollapalooza gig
A rap-rock band's frontman was arrested for throwing a pop-up concert at a gas station just days after their 'legendary' Lollapalooza performance — despite claiming he had a deal to host the gig. Silly Goose frontman Jackson Foster, 23, was seen being handcuffed at a BP gas station in Chicago, Ill. on Saturday and taken into a police cruiser. 'What am I being arrested for?' Foster asked the officers in the video. Advertisement Foster walked through a crowd of cheering fans and yelled, 'They're only getting me, not the rest of the guys!' 4 Silly Goose frontman Jackson Foster was arrested during a pop-up concert at a gas station. sillygooseatl, /Instagram The arrest happened two days after Silly Goose performed at Lollapalooza's opening on Thursday, where an estimated 115,000 people attended each day. Advertisement 'Was I the only artist who played Lollapalooza and then went to jail?' Foster later wrote in an Instagram post. Foster was the only member of the band to be arrested for the impromptu performance. He claimed that the Atlanta-based band, which has 95,000 monthly Spotify listeners, received permission from the gas station manager to perform at the location for an hour in exchange for $100 nightly. 'We did the same thing last year and we had an arrangement with the dude who runs the gas station,' Foster told Chicago Q101. 'And he was cool with us playing there and we would just give him a couple of hundred bucks each night. Advertisement 4 Foster insisted that the band 'received permission from the manager' to perform. sillygooseatl, /Instagram 'We went to go do the same thing this year. He said we were all good and that we could play at the gas station.' Foster said the gig went well across the first two nights of the Lollapalooza weekend, but the band clashed with police on their third night playing at the gas station. 'We were playing and the cops showed up. I don't know if (the manager) changed his mind or what happened, but all of a sudden we stop playing, I get off the van and I'm put in handcuffs and brought to the police station,' he said. Advertisement 'At first, in the beginning of the set, the guy who worked there was standing in front like in the crowd smiling. When the cops got there, I saw the cars pull up and we kept playing. When they walked over to the van, we stopped playing. I never saw (the police) walk behind and talk to the guy at first. I'm sure they talked to him because I think he signed something for us to go to jail. I'm not really sure. 4 Video posted on social media showed Foster being handcuffed and taken into custody. sillygooseatl, /Instagram Police claimed the incident was much more serious than how Foster described it. The 'unruly' crowd's 'partying and mosh-pitting' allegedly blocked off the parking lot and sidewalk, according to police reports obtained by the Chicago Sun-Times. 'Several people were surrounding a van with a band on top playing music at an extremely high volume,' the police report added. The general manager of the gas station alleged that there was no agreement between the business and the band, according to the Sun-Times 4 The crowd at the gas station was acting 'unruly' and 'mosh-pitting,' according to police records obtained by the Chicago Sun-Times. sillygooseatl, /Instagram Foster insisted that the band was trying to 'raise awareness' for their upcoming album set to be released Oct. 17. Advertisement Foster was charged with criminal trespass to property. The band has a series of shows booked in Canada, Germany and the United Kingdom between September and November 2025, according to its website. Silly Goose launched a fundraiser to hire an attorney for Foster and has raised $5,658 of its $8,000 goal as of Thursday night. Advertisement 'I am worried that can affect getting to Europe this winter and in the future,' he told the radio station. .
