Mother of Franklin man who died in jail sues Milwaukee County

Milwaukee Journal Sentinel

A 29-year-old Franklin man's death at the Milwaukee County Jail in 2016 could have been prevented, according to a lawsuit filed by his family.

Michael Madden died at the jail on Oct. 28, 2016, of what the medical examiner later determined was natural causes — an infected heart with inflammation.

He was one of four people to die at the Milwaukee County Jail that year, including Terrill Thomas, whose dehydration death led to an inquest, criminal charges and civil rights lawsuit.

According to the wrongful death suit filed in Milwaukee federal court, Madden told staff when he entered the jail a month earlier that he had a heart defect and was an intravenous drug user. That left him at high risk for "infective endocarditis" and he showed "obvious signs" of it during his detention, but didn't get necessary treatment, the suit claims.

The suit, filed by Gail Stockton, Madden's mother and special administrator of his estate, names as defendants Milwaukee County, former Sheriff David A. Clarke Jr., Acting Sheriff Richard Schmidt, correctional officer Brian Piaseck, Armor Correctional Health Services and Mercy Mahaga, a nurse practitioner for Armor.

Armor contracts with the county to provide medical services at the jail.

In a statement Friday, Armor said is committed to providing quality care, but that federal law prevents company officials from commenting on any patient's medical issues, nor does the company comment on pending litigation. "Our thoughts continue to be with the family," the statement read.

A county spokesperson did not return an email about the case Friday.

The suit contends that infective endocarditis, when diagnosed early enough, can be effectively treated with antibiotics, or, if necessary, surgery to take out damaged heart valves.

"If treatment is delayed, however, the condition will ultimately result in organ failure and death."

Fear of withdrawals

According to the suit: Madden was arrested during a traffic stop in Franklin on Sept. 29. He appeared to be coming down from a heroin high. At booking, he said he couldn't bear going through withdrawal and made suicidal comments, and was taken to the county Mental Health Complex before being cleared for transport to the jail.

During entrance screening, he reported his heroin addiction, said he'd been using for a year and had shot up that morning. He also told nurses about his congenital heart defect.

About nine days later, Madden was removed from opiate withdrawal monitoring and quickly began showing signs of infective endocarditis, such as high heart rate and low blood pressure, chest pain and a low-grade fever, according to the suit.

Medical staff failed to adequately follow up and monitor Madden's condition, the suit claims.

In the final hours of his life, when he complained of not being able to breathe, he was ordered to sit up straight or stand, was dragged to the medical unit and twice allowed to fall, striking his head on a wall and the concrete floor.

The lawsuit cites repeated findings by a court-appointed medical monitor in a consent order stemming from prior civil rights litigation against the county that found inadequate medical and correctional staffing at the jail.

Madden's treatment, the suit states, followed a "pattern of deliberate indifference" toward inmates' medical needs.

The suit seeks damages for negligence, wrongful death and violations of Madden's rights under the Eighth and 14th Amendments. Against Clarke, it seeks damages for invasion of privacy for the suspected release of Madden's preliminary autopsy to a website that provided favorable coverage to Clarke.

Stockton is represented by the law firm Cannon & Dunphy.

Madden's wasn't the only fatality in the jail in 2016. In April, 38-year-old Thomas died in his cell of profound dehydration, and the medical examiner's office classified the death as a homicide.

In July, a newborn died about an hour after jail staff discovered an inmate had given birth in her cell without anybody noticing; an autopsy report showed the manner and cause of death is undetermined. In August, 38-year-old Kristina Fiebrink was found dead in her cell; Wisconsin Watchdog reported that her death was due to heart disease.

After an inquest into Thomas' death, jail officials were charged, and Armor has been charged with falsifying inmates' medical records.

Terrill's estate and the woman whose newborn died have also sued.