Federal jury awards $25M to man who lost his leg after Pierce County jail stay
A jury in U.S. District Court for Western Washington has found that NaphCare, the medical provider of the Pierce County Jail, must pay ex-inmate Javier Tapia $25 million for negligence after missing signs of a severe blood clot in 2018 that resulted in the amputation of his leg.
In February the Pierce County Council unanimously approved another $1 million settlement to Tapia, as previously reported by The News Tribune.
According to court records, jail staff began documenting the deterioration of Tapia's health in September 2018, three months after he was arrested on suspicion of driving a stolen vehicle. Tapia began refusing meals, appeared confused and was nonverbal to staff. In October a corrections officer observed Tapia's 'toes were turning black.' Only then was he seen for the first time by a medical doctor, according to the complaint Tapia filed in King County Superior Court in 2021.
Once admitted to Tacoma General Hospital that day, Tapia was diagnosed with phlegmasia cerulea dolens and a gangrenous left foot. His leg was amputated below the knee on Oct. 16, 2018, according to the complaint.
A jury on April 4 found that NaphCare 'deprived Javier Tapia of his right to adequate medical care under the Fourteenth Amendment' and proved with evidence that NaphCare had a 'widespread or longstanding custom' of care that was 'the moving force that caused his injury' and 'reflected a complete indifference' to Tapia's safety and rights, according to the verdict form.
He was awarded $5 million in compensatory damages and $20 million in punitive damages from NaphCare, according to court records.
In the case with Pierce County, a judge found that NaphCare had a custom of relying on correctional officers for medical monitoring and allowed licensed practical nurses to conduct regular assessments of inmates outside of their nursing scope, according to court records. A corporate medical director that used to work for NaphCare in Alabama testified in the case that NaphCare might have 'prioritized profits over healthcare' because LPNs are generally paid less, and NaphCare was financially incentivized to staff LPNs instead of RNs as a cost-cutting measure, according to court records. At the time, NaphCare told The News Tribune it provided more RN hours than contractually required during Tapia's detention.
NaphCare said in a statement to The News Tribune on Monday, 'NaphCare remains committed to our mission to improve and save lives. We are disappointed that the life-saving care provided by our healthcare staff was not acknowledged. Despite the outcome of this case, we believe in the diligence and professionalism of our team. We fundamentally disagree with the outcome and will move forward with appeal.'
Ryan Dreveskracht, one of Tapia's attorneys, said Monday that Tapia is in the long process of learning how to use a prosthetic and is trying to walk and run again. He disputed NaphCare's assertions that it did nothing wrong.
'We wouldn't be in this situation if that were the case. Hopefully they're able to take a long look in the mirror and make the policy changes necessary to protect the tens of thousands of people who are housed in their jails — over 430 in 49 states across our country,' he said. 'A corporation with that much power and with that much wealth and that much influence over, frankly, the most vulnerable in our society, can and should do better, and this hopefully sends a message that we expect better.'
Dreveskracht said Tapia's ultimate goal in filing the lawsuit was to 'make sure that this didn't happen to anyone else' and to 'make sure that NaphCare changes.'
NaphCare did not respond to a News Tribune question asking if NaphCare plans to change its practices as a result of recent legal outcomes.
As previously reported by The News Tribune, NaphCare has faced multiple lawsuits, including an undisclosed settlement outside of court with the family of a Bonney Lake man who died in the Pierce County Jail from an infection in 2015. A 2022 wrongful death case in Spokane County resulted in nearly $27 million in damages, according to The Spokesman-Review. Tapia's lawsuit alleges the company has been named in as many as 250 cases in Alabama, Nevada, Virginia, Texas and Washington.
Pierce County first awarded NaphCare a four-month, multimillion-dollar contract for jail medical services in 2015 after its previous provider, ConMed, was also accused of substandard medical care. A jury sided with the county when ConMed sued for nonpayment.
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