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Who Can I Pursue if I’m Hit by a Drunk Driver in Indianapolis?

Some of the most dangerous accidents involve a drunk driver. They go to a bar or house party, drink, and then get behind the wheel. They have no regard for the other drivers on the road. They’re irresponsible and need to be held accountable for any consequences that result from their bad decision making. Your Indianapolis car accident lawyer will make sure they are.

Some of the injuries involved in a drunk driving accident include:

  • Traumatic brain injuries
  • Internal injuries
  • Broken bones
  • Burns
  • Spinal cord injuries
  • Neck and back injuries
  • Facial disfigurement
  • Permanent disability

When someone drinks and then get behind the wheel, they are ultimately responsible for any injuries they cause. However, they aren’t the only ones who should be held accountable. There are a lot of cases in which there are other people who need to be named in your lawsuit.

Your car accident attorney Indianapolis will make sure all of these parties are named as defendants. They will have to do to this when you file your suit because you won’t be able to add them later on.

What Other Parties May Be Held Liable for Your Drunk Driving Accident?

Automobile accidents happen every day. Most of them are due to negligence. For example, if someone is texting and driving, they may end up in a car crash. Or, they could be speeding and lose control of their car. In these cases, the other driver don’t intentionally set out to hurt other people.

In drunk driving accidents, things are a little different. Everybody knows the repercussions of drinking and driving. Indiana car accident lawyers see these cases all the time. They are frustrating because they’re 100% preventable.

When someone decides to drink, they usually do it at a bar, club, casino or house party. Very few people sit home alone and drink and then decide to get behind the wheel. And, although the bartenders and club owners didn’t force him to drink to excess, they had a hand in his drinking and driving.

Some of the people who may be held responsible for your drunk driving accident include:

  • The bar, club or restaurant owner
  • Valet company who allowed the other driver to get behind the wheel
  • The driver
  • His insurance company
  • The people who hosted the party where he was drinking
  • The package goods store where he purchased the alcohol

Keep in mind, not all of these people will be held responsible. In fact, it may be very difficult if not impossible for your car accident lawyer to prove that any of these people were responsible. He’ll have to show that these other parties were negligent in over-serving the drunk driver.

How Will Your Indianapolis Car Accident Lawyer Prove Causation?

When accidents occur due to drinking and driving, it’s important that you prove the defendant was responsible for the accident. A lot of people think this is automatic or easy in a drunk driving accident. This isn’t always the case.

Yes, it may be obvious to most people that the drunk driver caused the accident. However, you still have to prove it. You also have to prove that the other parties were negligent in order to recover.

Your lawyer will use the following tactics to prove that these other parties are responsible for your medical bills and other damages:

  • Videos of the bouncers or bartenders telling the driver he’s had too much
  • Receipts showing how many drinks a patron was served
  • Witness statements about how the driver was behaving at the bar or club
  • Statements from the driver himself
  • Testimony by the bartender or serve about the defendant’s condition when he left their bar or club
  • Posts on social media showing that the driver was drunk or partying prior to the accident
  • The police report
  • Proof of a DUI conviction in court

Obviously, your lawyer isn’t going to need or want to use all of this evidence. Every case is different.

Contact a Car Accident Lawyer in Indianapolis Today

If you or a loved one have been injured in a drunk driving accident, you need to contact a car accident lawyer in Indianapolis today. He can make sure the responsible parties are held accountable for your injuries.

Call and schedule your free initial consultation today. You can sit down with an experienced lawyer and ask any questions you may have. Your lawyer can also review your case and see what it may be worth.

Facts & Myths About Indianapolis Auto Accidents

When it comes to recovering compensation after Indianapolis auto accidents occur, there are multiple facts and myths that you need to be aware of. Having the facts will ensure that you know what to do and how everything works. Dispelling the myths will ensure that you don’t make the most common mistakes that victims of Indianapolis auto accidents frequently make. Today, we’ll take a look at both, so that you can be in the best position after an auto accident occurs.

Fact: The Immediate Steps After an Indiana Auto Accident Are the Same Everywhere

No matter what town, state, or even country your auto accident occurs in, you must follow the same steps in the immediate aftermath. This means checking everyone for injuries, contacting the police and emergency medical care, exchanging insurance information, and gathering evidence. When gathering evidence, take photographs of all injuries, of the property damage and vehicle position, and any relevant road conditions or signs. You should also gather the contact information of any witnesses, and get a copy of the police report.

Fact: Indianapolis Auto Accidents Are Subject to a Modified Comparative Negligence Rule

Not all states have the same rules concerning legal liability for auto accident damages. In Indianapolis, Indiana, the modified comparative negligence rule is used. This means that if you are 51% at fault for the incident, or greater, then you cannot recover compensation for your damages. However, if you are less than 51% at fault, then you can recover compensation for your damages with your percentage of fault deducted from the value of those damages. Thus, if you have $1,000 in damages, but you are 30% at fault, then you can recover 70% of your damages, or $700.

Fact: All Indianapolis, Indiana, Drivers Are Required to Carry Liability Coverage

Because Indiana is an at-fault state when it comes to auto insurance and accident claims, you are required to carry liability coverage on your auto insurance policy. The required minimums of liability coverage are $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $10,000 for property damage per accident. You can also purchase uninsured/underinsured motorist coverage, which will be there for you if the at-fault driver doesn’t have auto insurance or doesn’t have adequate coverage for your damages. It is very important to have uninsured and underinsured coverage on your policy with sufficient limits. Also medical payments coverage is cheap as far as cost but very important to have on your policy also.  

Fact: Most Indianapolis Auto Accident Claims Are Resolved via Settlement

While some auto accident claims will end up in court, the majority will be settled outside of the courtroom. This is because lawsuits are expensive for both sides, and the auto insurance company is just as motivated to save the time and money as you are by settling the claim out of court. Having said that, the auto insurance company may not offer a fair settlement right away, and they are more likely to take your claim seriously once you have an attorney negotiating for your best interests.

These facts will get you started in the right direction, but it is equally important to dispel the common myths that could prevent you from successfully obtaining a fair auto accident claim settlement.

Myth: You Have Plenty of Time to Pursue Your Indianapolis, Indiana, Auto Accident Claim

The mistake of not realizing that there is a time limit for pursuing an auto accident claim in Indianapolis, Indiana, could prevent you from recovering any compensation at all. It is therefore important to be aware of the statute of limitations, which is your deadline for filing a personal injury claim. In Indiana, the statute of limitations on all personal injury claims, including Indianapolis auto accidents, is two years from the date of the incident, injury, or death of the auto accident victim. If you fail to file your claim within this period of time, you will not be able to pursue a claim at all.

Myth: The Auto Insurance Company is There to Help You Get Fair Compensation

It is understandable why so many people fall for the common misconception that the auto insurance company is on their side. The auto insurance claims adjuster will likely contact you soon after the injury. They will speak to you with respect, consideration, and empathy. They will tell you what your injuries and damages are worth and offer what sounds like a reasonable settlement. Unfortunately, if you fall for this and sign off a settlement agreement, there is nothing you can do to go back on it later. There is also a very good chance that you’ll regret it when you find out that your actual medical expenses, lost wages, property damage, and pain and suffering were worth much more than you realized. We recommend that you avoid signing anything or even discussing the claim with the insurance claims adjuster without first talking to an Indianapolis auto accident attorney.

Myth: It Costs Too Much to Hire an Auto Accident Attorney to Help With Your Claim

Another very common myth is that you cannot afford an auto accident attorney because it costs too much. The reality is that the majority of Indianapolis auto accidents are handled by attorneys who work on a contingency fee basis, meaning that they don’t get paid unless they help you to recover compensation. Then, the lawyer takes their fee from the settlement or favorable judgment (if the case goes to court). Even after the attorney takes their fee, you are still likely to end up with far more compensation with the benefit of legal representation than you would without an attorney.

In many cases, the auto insurance company will not take you seriously until they see that you have skilled legal representation. Further, your attorney will ensure that you don’t miss any deadlines, that all necessary evidence is collected, and that your case is handled appropriately every step of the way. Learn more about how a lawyer can help you get fair compensation after an auto accident by contacting the Indianapolis, Indiana, auto accident attorneys at Rowe & Hamilton Attorneys at Law.

 

Is Your Child’s Car Seat Making Your Child Safer?

Car accidents are one way in which a frightening amount of children are injured or killed every year. For some of these children, A child car safety seat could have reduced the a car safety seat or booster seat could have reduced the severity of their injuries – or even saved the child’s life. But to be of any benefit, the child safety seat must be properly installed. Continue reading to learn how you can protect your child’s life in a car accident by taking the simple preventative measure of using a car safety seat.

 

Child Passenger Safety Statistics

The numbers show a clear cautioning for Indianapolis parents: if your young children do not ride in a car in an appropriate car seat, they are at risk of serious injury or death. Contemplate these findings from the Centers for Disease Control and Prevention:

  • 638 children ages 12 years and younger died in car accidents nationwide and over 125,000 were injured, in one recent year alone.
  • Those that were killed, almost 4%—4 out of 10 children—were not adequately secured in a car safety seat.
  • Annually, it is predicted that more than 600,000 children are passengers in a car without a child safety seat or booster seat.
  • One study found that over 70% of almost 3,500 observed car safety seats and booster seats were not setup correctly and elevated a child’s risk of injury during a crash.

As a parent, in order to protect your child from the unknown and unpreventable, you take certain precautions. If you child appears feverish or ill, the doctor is consulted, and if he or she feels threatened or scared you most likely have safety plans. Having your child ride in an approved and properly installed car seat or booster seat should also be a priority of concerned parents.

 

Indiana Child Car Seat Law

Indiana laws command the use of seat belts and approved car seats for children. While traveling in a car or other vehicle, all children from birth to eight years of age must be secured in a car seat or booster seat, according to Indiana law. The car seat should be properly installed to maximize the safety benefits to the child and must be appropriate for the age and size of the child. The child must wear a seatbelt if he or she it too big for a car seat or booster seat. All children ages eight years old to 16 years old must wear a seatbelt while in a moving vehicle. Additionally, children 12 years old and younger must sit in the rear of a vehicle’s passenger compartment.

A child under 20 pounds must use a rear-facing child car safety seat, although it is recommended that children use a rear-facing child car safety seat for as long as possible. A child who is over the age of one and who weighs at least 20 pounds can use a forward-facing car seat furnished with an internal harness system.

Violations of these laws can result in the driver of the vehicle being responsible for fines and other court-related costs. Older children who do not wear a seat belt may also be cause for a fine.

 

The Dangers of an Improperly Installed Car Seats

A car safety seat that is improperly installed can be just as dangerous to a child as having no car seat at all. The following story out of Arizona is just instance where a child was injured due to an improperly installed car seat. On July 13, 2015, a couple was riding in their SUV with the woman’s three-year-old daughter in the vehicle. Their SUV was blasted by a, irresponsible teen motorist and the SUV rolled over numerous times. During the accident, the little girl was flung from the SUV and landed on the asphalt. As a result she suffered a fractured arm, leg, and skull and was taken from the scene of the accident in serious condition.

In order to provide the best possible benefit to a child, car seats and booster seats must be installed and used properly. If a car set is not installed correctly, the child can become dislodged during the crash and as a result can be flung around the interior of the vehicle until finally ejected from the vehicle. If the child is not the correct size for the child seat that child may not stay restrained in the event of an accident, causing serious bodily harm.

 

How to Correctly Install a Car Seat

Instructions are provided with the purchase of a new car safety seat that explain the proper way ti install the car seat. Make sure all tethers and straps are properly secured when you are installing a car safety seat and placing your child in the car seat. Additionally, you might want to consider testing the child seat to be certain it has been installed correctly.  The following are two widely used methods of doing this:

The “inch test”

Check for any sliding or movement  by skiing the car safety seat at its base. A car seat that is correctly If the car seat was properly installed, it will not move more than one inch in any direction.

The “pinch test”

Pinch the strap of the harness at the child’s shoulder with the child placed securely in the car seat. You child is properly accurately secured if you are unable to pinch excess webbing.

 

Where Can I Get a Car Seat Installed Correctly?

If you feel that you are unable to properly install your child’s car safety seat of if doubt whether or not you have purchased the correct size, you are encouraged to take your vehicle at car seat to to any number of car seat installation inspections sites in and around the Indianapolis area. At these locations, parents can have their child seat inspected for flaws or defects and can learn how to install their car seat correctly.

 

Look to a Compassionate Child Accident Lawyer in Indianapolis

At Rowe & Hamilton Attorneys at Law, we love children. That is why we are so passionate about assisting parents and families whose children have been injured in accidents caused by other people’s negligence. We help parents recover financial compensation after an Indianapolis child injury accident so that the parents do not need to worry about where they will come up with money for the child’s medical bills or how they will cope with other related expenses and costs.

When your child has been injured in a car accident or other child injury accident in Indiana, look no further than the caring and dedicated legal team at Rowe & Hamilton Attorneys at Law for assistance. We will help protect your legal rights so you can focus your attention on your child. Contact us today at (317) 482-7888 to discuss your child injury issues and concerns.

More Disturbing & Inappropriate Nursing Home Stories

When you sign the papers at a nursing home to register a loved one in a nursing home, the last thing you expect is for them to be abused, neglected, or exploited. This is especially true when the nursing home is a well-known and skilled rehabilitation facility. Unfortunately, exploitation of nursing home residents is a real issue in our country, and it has been a serious issue of concern for the state of Indiana, as well.

 

Indiana Nursing Home Under Investigation

 

Just over a year ago, The Waters of Scottsburg, a facility that serves nearly 90 residents who require daily care, was under investigation due to nude photos surfacing of one of its residents. The facility released an official statement that said: “We immediately notified all proper authorities, conducted an internal investigation, and have taken other appropriate action.” Sadly enough, this probably did not make the family of the resident feel any better about what took place.

 

What happened was quite simple: nude photos of a resident were allegedly found on social media. However, there is not a simple explanation for this type of exploitation. What type of person could possibly take nude photos of a vulnerable elderly person and then post them on social media? According to the news station, as many as three employees of The Waters of Scottsburg were part of the investigation that was being handled by the Indiana Department of Health and the Scottsburg police department.

 

The Waters of Scottsburg said that the three nursing assistants were suspended. Since that incident, no new news has surfaced on the issue, despite the fact that the case was turned over to local prosecutors, who were in charge of making any decisions regarding any possible criminal charges. In a similar sickening story, a certified nursing assistant (CNA) who worked at Asperion Care in Michigan City was criminally charged for posting a video of an elderly resident in the shower on Snapchat.

 

Snapchat Elderly Voyeurism

 

The CNA involved is not worth the mentioning of her name, and due to patient privacy, the patient’s name has been withheld from the news. The court documents stated that the video showed the 85-year-old victim naked in the shower while the CNA sprayed her with water. The CNA’s voice could be heard in the video saying, “look at this crazy…she doesn’t like taking showers.” The resident was a dementia patient who certainly deserved at least her dignity to be protected while in the care of a professional caretaker. When the CNA was confronted about the video, she told her supervisor that she “accidentally” posted the video on Snapchat and she only meant to snap a photo of the elderly patient’s face.

 

As the investigation continued, more evidence indicated that the CNA was not telling the truth. A screenshot of the video was procured by someone who showed it to supervisors of Asperion Care. The court record denotes that the screenshot included the elderly patient sitting naked on a chair in the shower, completely exposed, with a caption that basically said “She hates showers,” when we remove the unnecessary wording that was used.

 

The CNA was fully aware of the patient privacy policy and code of conduct at Asperion Care, which is outlined in its employee handbook. In fact, Asperion proved that the CNA signed off that she had received a copy of the employee handbook. In the handbook, it clearly states:

 

“Each facility resident and employee should be free of any fear that he or she will be photographed or videotaped, or have his or her voice recorded, copied or transmitted improperly. Therefore, employees are prohibited from possessing or using, or assisting another person to possess or use a recording device while on the premises of the facility or while working for the facility.”

 

Another Recent Story of Disgust

 

As if the last two stories were not enough to let people know that this type of behavior is not acceptable and will be prosecuted, another news story popped up in Wisconsin just recently. Eau Claire police have charged two certified nursing assistants with felony counts for sharing a naked photo of another dementia patient, as well. One of the CNAs is charged with capturing and distributing a nude representation without consent and the other CAN is charged as a party to the crime.

 

According to the criminal complaint, both of the CNAs were working the night shift when they noticed that a male patient had fallen in the hallway. He was on the floor, his pants were down, and he was exposed. One of the CNAs decided at that moment to snap a photo of the dementia patient and shared it on social media. According to a witness, both of the CNAs found the scenario of the poor elderly man on the floor “hilarious.” The same witness says that one of the CNAs snapped a photo and sent it through Snapchat to her boyfriend.

 

While a forensic examination did not turn up the photograph, however a text message between the two defendants did confirm that the incident occurred. Both of the CNAs were fired by Azura Memory Care and face criminal charges, facing up to 3 ½ years in prison each and up to a $10,000 fine.

 

Betraying Patients

 

You do not have to be a certified nursing assistant to realize that these incidents are inappropriate and disgusting. CNAs are supposed to be an elderly patient’s advocate and caretaker, not the person who degrades and disgraces them. These three incidents are clear depictions of betraying the trust of patients. Anyone who works in a nursing home should ensure that they are doing everything they can to protect their patient’s rights, their dignity, and their privacy.

 

If a loved one has been exploited, neglected, or abused in an Indianapolis nursing home, you need to contact an dedicated Indianapolis nursing home attorney today to discuss your options. This type of behavior is not appropriate and someone needs to be held accountable for the embarrassment and emotional distress this has caused everyone involved. Contact us today online or call us for a free consultation.

Attorneys argue jail, health care provider were negligent in inmate’s death

GRANT COUNTY, Ind. – Attorneys for Kendra Shaw’s mother, Bobbie Sue Frazier, have filed a lawsuit alleging the Grant County Sheriff and Correctional Healthcare Companies were negligent in Shaw’s death, Call 6 Investigator Kara Kenney reported.

Kendra Shaw, 25, had an acute asthma attack on May 7, while in the Grant County Jail for probation violation and theft.

She was taken off life support and died May 8 at a Fort Wayne hospital.

Attorneys allege the jail corrections officers failed to call the ambulance in time to save Shaw’s life.

“I think it’s a tragic case,” said Tim Rowe, attorney for Frazier. “It could have so easily been prevented.”

Grant County Jail policy states that when an inmate is having an “emergency medical situation” such as “serious breathing difficulties,” officers should administer first aid immediately, and a command officer should call for an ambulance.

Records and video obtained by the Call 6 Investigators show Shaw told jail staff at 3:33 a.m. on May 7 that she was having an asthma attack and couldn’t breathe.

The lawsuit alleges jail staff did not immediately call for an ambulance or contact the hospital when Shaw complained she couldn’t breathe.

Instead, officers took Shaw into the “barber shop” room to receive a breathing treatment. Shaw never made it through the first breathing treatment.

Instead she urinated herself, foamed at the mouth and stopped breathing, records show.

“After she lost consciousness there still seemed to be a delay before the ambulance was even called,” Rowe said. “I think instead of trying to give her another breathing treatment they should’ve called the ambulance.”

The lawsuit alleges jail staff did not call the ambulance until 3:53 a.m., 20 minutes after Shaw told jail staff she was having an asthma attack and couldn’t breathe.

“She had a serious medical problem,” said Rich Waples, attorney for Frazier. “The Sheriff’s department knew about it but didn’t adequately protect her from the consequences of it.”

Attorneys for Bobbie Sue Frazier also take exception to the fact that no medical personnel from Correctional Healthcare Companies ever examined Shaw after she announced she was having an asthma attack, and “no one measured her oxygen saturation level.”

Two days earlier, a CHC nurse measured Shaw’s oxygen saturation levels at a “dangerously low 90-percent”, but the nurse released Shaw back into the jail’s general population without treatment or a plan for additional measurements of her oxygen saturation levels, the lawsuit read.

“Very simple medical treatment in this case, and this young woman would still be alive,” Rowe said. “She had asthma attacks in the past but when it got so bad, she went to the hospital and always recovered by the next day. It wasn’t anything so acute or so bad it couldn’t be remedied by simple medical care from the hospital.”

The lawsuit alleges one of the corrections officers had been on the job for several months and had not yet received training on the jail’s procedures on how to respond to medical emergencies.

“When a person suffering from asthma is having an attack and difficulty breathing, every second counts in getting them appropriate treatment,” read the lawsuit.

Rowe said Frazier is heartbroken over the loss of her daughter.

“I’m not sure this is something she will ever get over,” said Rowe. “She struggles with it every day.”

Rowe said Shaw’s family should be compensated, but Rowe said the case is about more than money.

“This can prevent another death from happening in Grant County,” said Rowe. “We want justice in this case, justice for Kendra and justice for her family. Unfortunately, we can’t bring her back.”

Kenney attempted to reach the Grant County Sheriff and attorney Kyle Persinger for comment and has not heard back.

Kenney also attempted to reach Correctional Healthcare Companies for a response and has not heard back.

It appears they are now operating under a new name, Correct Care Solutions.

A federal court search shows the provider is facing dozens of lawsuits throughout the country.

KJRH, RTV6’s sister station in Tulsa, reported last year Correctional Healthcare Companies is facing at least 20 different lawsuits alleging mistreatment and civil rights violations by the health care provider.

Jail records provide insight on what led to death of Kendra Shaw, 25

MARION, Ind. – The Call 6 Investigators have exclusively obtained records showing what happened to Kendra Shaw, a 25-year-old inmate who died after a severe asthma attack inside the Grant County Jail.

Until now, family and friends had little information regarding the timeline leading to Shaw’s death.

Shaw had a history of asthma and had recently begun using drugs. She was arrested March 24 on a probation violation and theft charge and was taken to jail.

Friends and family said Shaw was trying to take a television from a store.

“Everybody makes mistakes,” said Sianna Messler, Shaw’s friend. “I don’t think anyone that ends up in jail really plans on ending up in jail. Life happens and things happen.”

After Shaw suffered the asthma attack May 7, she was taken off life support and pronounced dead the next day at a Fort Wayne hospital.

Call 6 Investigator Kara Kenney filed a public records request with the Grant County Sheriff’s Office on May 20 and May 27 to find out what happened with Kendra Shaw and to obtain jail policies.

When the sheriff’s office did not provide records, Kenney filed a formal complaint with the Indiana Public Access Counselor.

On June 24, the sheriff’s office, through its attorney, issued an apology for not complying with the public records law and provided 42 pages of documents.

Kenney also requested video from the jail showing Shaw. That video was released after RTV6 paid $200 for copies of eight DVDs.

Friends of Shaw requested to see the video. After viewing it, they told Kenney jail staff did not do enough to help Shaw and that officers should have called the ambulance much sooner.

“I really can’t believe it,” said Messler. “That was the worst thing I’ve ever seen. They acted like they did not have a care in the world.”

Friends told Kenney they were also shocked by what they call a lack of urgency among jail staff as Shaw remained unresponsive and eventually stopped breathing.

Sheriff Darrell Himelick and the sheriff’s office’s attorney have ignored or refused Kenney’s repeated requests to discuss what happened to Shaw.

Kenney has emailed, called and stopped by the sheriff’s office several times, but has been unsuccessful in getting Himelick to meet in person or over the phone.

“Thank you for the opportunity but due to the threat of potential litigation in this matter the Grant County Sheriff’s Department will not comment further on this matter,” said Kyle Persinger, attorney for the sheriff’s office, in an email to Kenney.

Shaw’s mother, Bobbie Sue Frazier, filed a tort claim against the sheriff’s office notifying them of her intent to sue for negligence.

The Timeline

Using jail records and the video, Kenney pieced together a timeline of what happened to Kendra Shaw. This is the first part of that timeline.

 

  • May 5, about 10:30 a.m. — Kendra Shaw told jail staff she wanted to see the nurse because she woke up having an asthma attack and could not breathe. “She was monitored and advised that she wanted to return to the cell block,” according to a timeline submitted by Capt. Randy Albertson.
  • May 5, 9:06 p.m. — Shaw called her husband and asked him to bring her breathing machine and medication to the jail.
  • May 6, time unknown — Shaw’s husband brought a breathing machine and medication to the jail.
  • May 6, about 10 a.m. — Shaw returned to see the nurse and agreed to daily breaking treatments in a room called the “barber shop.”
  • May 6, 2:42 p.m. — Shaw received a breathing treatment and returned to her cell block.
  • May 6, 8:35 p.m. — Shaw and another inmate went to the barber shop for their breathing treatments, according to jail records.
  • May 6, 8:55 p.m. — Shaw used the jail phone to call her mother, telling her she was still having problems breathing. “She feels the nurse does not take her seriously and treats her like an idiot,” read jail documents.
  • May 7, 3:33 a.m. — A corrections officer saw Shaw sitting on her bunk with labored breathing, and Shaw told the officer she was having an asthma attack.
  • May 7, 3:38 a.m. — Video obtained by the Call 6 Investigators showed Shaw walking out of her cell and then sitting at a table. “She couldn’t breathe. You can see it in her face,” said Natalie Gann, another friend of Shaw, said as she watched the video.
  • May 7, 3:42 a.m. — Kendra Shaw and four officers walked into the barber shop. The department provided no video from the barber shop, saying there is not a camera in that room.

Records show Cpl. Aaron Marden called a doctor, who instructed officers to give Shaw a breathing treatment about five minutes after the first. That’s when, documents indicated, Shaw became unresponsive.

According to officer narratives obtained by Kenney, Shaw urinated herself, foamed at the mouth and stopped breathing.

Shaw’s friends said they were frustrated they could not see what happened in the barber shop room, and friends said they were struck by a lack of urgency in the jail hallway.

“They were just walking nonchalantly,” said Messler.

“They were walking slow, and they should have been in a hurry,” said Gann (pictured). “You can tell they don’t care just by watching the video.”

About 3:54 a.m., 20 minutes after Shaw’s complaint of an asthma attack, jail staff called for an ambulance.

“I just can’t believe it. I can’t,” said Messler. “It’s their job to take care of all inmates.”

Grant County Jail policy obtained by RTV6 appears to state that when an inmate is having an “emergency medical situation” such as “serious breathing difficulties,” officers should administer first aid immediately, and a command officer should call for an ambulance.

Because the sheriff did not respond to inquiries from Kenney, it is unclear what the jail considers serious breathing difficulties and whether jail staff followed policy in Shaw’s case.

Gann said jail staff should have called an ambulance for Shaw the morning of May 5, when she first told them she had an asthma attack and asked to see the nurse.

“They should have taken her to the hospital,” said Gann.

The video shows that jail staff brought in a manual resuscitator at 3:54 a.m. and an automated external defibrillator (AED) at 3:56 a.m., and records indicate CPR was attempted.

“This officer hooked the AED to inmate Shaw,” read Marden’s narrative. “The AED stated that there wa(s) no shock available. CPR was then continued.”

 

  • May 7, 4 a.m. — Paramedics arrived on the floor.
  • May 7, 4:06 a.m. — The crew from the ambulance put Shaw on a stretcher, and paramedics attempted to revive her as she was taken down a hallway and in an elevator.
  • May 7, 4:08 a.m. — Thirty-five minutes after her initial complaint of an asthma attack, Shaw left the jail in an ambulance bound for Marion General Hospital.

Shaw was later airlifted to a Fort Wayne Hospital, where she died at 10:47 p.m. May 8 at age 25.

“I just want to know what happened. What really happened in that room?” Gann said. “What aren’t they showing?”

Though Himelick and his attorney refused repeated requests to talk to RTV6 about the case, the Marion Chronicle-Tribune quoted Himelick as saying his jail staff did nothing wrong and that the situation was handled correctly.

In a May 21 email to Kenney, one of few emailed responses from the sheriff’s office, Himelick said, “I have no disciplinary action occurred reference this inmate’s death.”

Doctor: Asthma Must Be Taken Seriously

Records from the Centers for Disease Control and Prevention show 3,404 people died from asthma in the United States in 2010, with about 6 percent of them falling in the 25-34 age group.

Dr. Mitchell Grayson, a board-certified allergist who studies asthma, told RTV6 that in an asthma attack, a person’s airways get narrower and narrower, which reduces the ability to get air out of the lungs.

“Basically, they’re being suffocated,” said Grayson. “They aren’t getting oxygen.”

Grayson said episodes can happen very slowly or very rapidly, but asthma is a chronic illness.

He said breathing treatments, such as albuterol, work to quickly open up airways, but it usually work for just a few hours.

“You never want to forget that asthma can kill, and from that standpoint, you want to be on top of any asthma attack,” said Grayson. “If breathing treatments aren’t working, they can’t speak, that’s the time to call 911.”

Grayson is not familiar with Shaw’s case, but said asthma attacks can get bad very quickly for some people.

“Because asthma can kill, you would obviously hope they would err on the side of calling 911 sooner rather than later,” Grayson said.

Corrections Experts: Jail Staff Responded Appropriately

The Call 6 Investigators showed the jail footage to two experts, who both agreed jail staff responded appropriately.
“She had staff all around her,” said Al Bennett, a corrections expert and witness with more than 50 years’ experience. “I was impressed they called the doctor. I don’t know what else they would’ve done, they were trying to do the right thing and called for help.”
Bennett worked as a corrections officer in a maximum security facility and said officers often have to deal with inmates who have not taken care of their medical conditions.
“Somebody could find fault with the fact that they weren’t rushing around, but they were all concerned about her, I think,” said Bennett.
However, Bennett said he could understand why family and friends of Kendra Shaw would have questions and concerns.
“It’s very sad,” said Bennett. “If it was my wife, I probably wouldn’t be satisfied.”
Bennett said he was also impressed that the jail had at least four officers available to respond to Shaw, even though it was the middle of the night.
“That impressed me that there were that many people,” said Bennett.
Call 6 Investigator Kara Kenney also spoke with corrections expert Rod Miller, based out of Gettysburg, Pennsylvania, who has served as a witness in trials in Indiana.
“The clips of her going to the barber shop showed now distress of hurry on her part,” Miller wrote in an emailed response to RTV6. “Jail staff were not delaying treatment, and she seemed to be complying with the doctor’s orders.”
Miller also commented on the officers walking, even after Kendra Shaw became unresponsive.
“Of course her friends wanted to see people running around, but what I saw was staff moving purposefully during the crisis,” read the emailed response from Miller.
Miller also said jail officials often can refuse medical equipment from being brought in, but in Kendra’s case they did not refuse to accept her breathing machine.
“I see this as an indication of their concern and their willingness to move her treatment forward expeditiously,” Miller wrote.

Inspection Reports Show 6 County Jail Deaths So Far in 2014, Two in Grant County

Inspection reports obtained by the Indiana Department of Correction Sheriff and Jail Operations Division show the Grant County jail has had two deaths since 2011, one natural and one suicide.
IDOC reports six in-custody jail deaths so far this year, including one each in Allen, Bartholomew, Cass and Hamilton counties, and two in Grant County.
The agency said for county jails, the average is 8 to 12 deaths statewide per year.
According to information provided by IDOC spokesperson Doug Garrison, Kendra Shaw’s death counted as an in-custody death because she was still in custody at the time she was transported to the hospital.
The Indiana Department of Correction tracks jail deaths, and when asked, will review the investigative procedures with the jail.
The agency said most jail deaths are suicides, and many are overdoses and natural causes such as cancer and heart attack.
Gann and Messler said they want to remember Shaw not as a lifeless jail inmate, but as the happy person she was.

“She was always smiling,” said Messler. “I just want to remember her as happy, the way she always was. I’m so sad she had to go through that.”

Friends and family are selling wristbands and doing events in an effort to raise money for Shaw’s headstone.

New lawsuit filed against Damar Services

INDIANAPOLIS — A Central Indiana organization charged with protecting the most vulnerable children is facing disturbing accusations.

Attorneys filed suit Tuesday against Damar Services, a company that provides residential and treatment services for the developmentally disabled including autism spectrum disorders, traumatic brain disorders and emotional and psychological illnesses.

The lawsuit was filed on behalf of “A.C.”, a then 15-year old developmentally disabled girl who was sexually assaulted while in the care of Damar Services.

“In my 31 years, this is one of the most egregious cases I’ve ever filed suit on,” said Tim Rowe, attorney for A.C.  “The victim had a history of abuse, foster homes, and eventually the courts said we’re going to trust Damar to take care of this lady, this young child.”

According to the suit, Wylok Stonebraker was an employee with Damar in 2012 when she was transporting A.C. in a Damar vehicle.

Stonebraker invited adult men to join her and encouraged them to engage in sexual misconduct with the developmentally disabled girl.

A.C. was raped by one of the men, Marcus Moorman while in the care of Damar Services, attorneys said.

“Kids can not consent to sex under Indiana law and a lot of these kids have behavioral issues, low IQs, so this wasn’t an issue of consent, this was an issue of rape,” said Rowe.

The lawsuit alleges it is Damar Services’ corporate policy for employees to not be alone with children in its charge.

Stonebraker also repeatedly engaged in sexually inappropriate conduct with and in the presence of A.C. as well as other minors, including voyeuristic activities, according to the suit.

“They didn’t do a background check, they didn’t monitor her, they didn’t train her,” said Rowe.  “They really violated the trust that the State of Indiana put in them to take care of her and help her.”

The lawsuit alleges Damar Services was negligent.

A similar lawsuit was filed earlier this year alleging Stonebraker molested a then 16 year old boy.

“There’s been a pattern at Damar that’s disturbing and I think these lawsuits bring out that something needs to be done,” said Rowe.

Both Stonebraker and Moorman were criminally charged, convicted and sentenced in Marion County.

Stonebraker is listed on Indiana’s Sex Offender registry , and she must register for life.

Rowe said Damar Services needs to be held accountable for failing to protect children.

“We have a victim who is going to need psychological counseling the rest of her life, that’s been emotionally abused,” said Rowe. “We feel a civil lawsuit will hold Damar responsible for what they’ve caused to this young woman’s life.”

Damar Services still provides residential services for the Indiana Department of Child Services, although the state did cancel one its home services contracts with Damar Services amid concerns about safety.

Call 6 Investigates Kara Kenney stopped by Damar Services seeking comment on the lawsuit filed Tuesday, and was told the organization would not be commenting.

After suicides, lawyers grapple with cyberbullying laws

NEW YORK (Reuters) – A series of high-profile teen suicides in recent years have prompted lawmakers, prosecutors and educators to address the growing problem of cyberbullying.

At a forum on Wednesday at Rutgers University, legal and policy experts said that state and federal laws are struggling to keep up with the dizzying pace of technological advances and the new kinds of online bullying they make possible. Tyler Clementi was a freshman at Rutgers before taking his own life in 2010 after learning that his roommate, Dharun Ravi, used a Web cam to spy on his sexual tryst with another man.

“You can do a lot of damage very quickly with these new technologies,” said defense lawyer Rubin Simins at Wednesday’s event. Simins represented Molly Wei, a friend of Ravi who was charged with helping him broadcast the video and avoided jail time in exchange for testifying. Ravi was convicted last year on 15 counts, including invasion of privacy and hate crimes, and sentenced to 30 days in jail. Both sides have appealed.

The case sparked a national debate over how aggressively cyberbullying should be prosecuted. In New Jersey, cyberbullying is not a crime. Prosecutors charged Ravi in part under the state’s hate crime law, known as bias intimidation. Retired New Jersey state Judge Glenn Berman, who presided over the case, said lawmakers told him after the trial they never envisioned the statute applying to that type of case.

The law, like hate crime statutes in most states, increases the potential jail sentence when attached to an underlying crime. Under the bias intimidation law, a jury can convict a defendant in two ways: by concluding that he or she targeted the victim out of bias, or by finding that the victim believed he or she had been targeted for that reason. The latter provision is “muddled,” Berman said, since it ignores the defendant’s intent.

In January, in an unrelated case, the state’s highest court agreed, ruling that provision was unconstitutional unless prosecutors can show the defendant intended to act out of bias. That could invalidate at least one count of conviction against Ravi on appeal, though the jury found he acted with knowledge or purpose for three other hate crime charges.

‘NO CLEAR LINE’

Brian Sinclair, who heads the computer crimes unit for the Bergen County prosecutor’s office in New Jersey, said it can be difficult to determine when cyberbullying rises to the level of a crime. “I don’t think a young person always understands what he’s doing when he hits send, post, tweet,” he said. The uncertainty extends to civil liability as well.

After the Clementi suicide, New Jersey passed an anti-bullying law that requires schools to develop protocols to address bullying, including cyberbullying, a move that several other states have followed or considered. That, however, could increase schools’ potential liability for bullying incidents if victims can show that their schools did not do enough to stop it, said Elizabeth Jaffe, a professor at John Marshall Law School who has written about bullying.

Last week, the parents of California teen Audrie Pott, who they said killed herself after classmates shared a photo of her being sexually assaulted, filed a notice that they intend to sue school officials for mishandling their daughter’s complaints. The officials claimed she never reported the bullying before or after the alleged assault. In 2011 California passed new laws that require schools to have policies for addressing bullying complaints, after a gay teenage boy who was bullied committed suicide. Emily Bazelon, a journalist who recently published a book on bullying, “Sticks and Stones,” said schools across the country are grappling with whether they have the authority to discipline students for conduct that occurs outside of school, and federal courts are divided on the issue. “Eventually, the Supreme Court is going to have to take one of these cases,” she said. “There is no clear line.”

Woman sues over fatal Megabus crash

A woman who was injured when a double-decker Megabus on its way from Chicago to St. Louis smashed into a concrete pillar is suing the bus line.

Yanxin “Amy” Zhou suffered injuries that left her “disabled and disfigured” in the accident near Litchfield last August, according to the lawsuit filed Wednesday in Cook County Circuit Court. The suit does not specify her injuries.

In the crash on Interstate 55, a University of Missouri graduate student, Aditi Avhad, 25, originally a dentist from Mumbai, India, died. The crash injured dozens of people, and four or five had to be extricated, including Avhad.

Zhou is also suing Coach USA, which owns and operates Megabus; Bridgestone Americas Tire Operations, a tire manufacturer; and the rookie bus driver, Preston Taylor. The 25-year-old driver trainee suffered injuries to his foot and face that required multiple surgeries.

A front tire blew on the afternoon of Aug. 2, 2012, and the bus careened out of control. Illinois State Police praised Taylor for not slamming on the breaks or steering in a way that would have caused the two-level bus to tip over.

“When I heard the tire pop, I immediately grabbed hold extra tight to the steering wheel and let go of the accelerator,” Taylor told a Tribune reporter at the time. “But I did not apply the brakes because I knew at highway speed it likely would have caused the bus to roll over.”

The week after the accident, a Megabus in downtown Chicago struck and killed 76-year-old Donna Halstead, a former secretary for now-deceased Illinois Supreme Court Justice Mary Ann McMorrow.

Megabus operates routes in the eastern and central United States and is known for selling tickets for as little as $1. It’s also known to pick up customers on the side of the street instead of at a depot.

Megabus settled a suit for $5.1 million days after both fatal accidents last August with the family of a man who was struck and killed by one of the buses in 2010. The bus line did not admit wrongdoing in that settlement.

Zhou is asking for $50,000 in compensation for rehabilitation costs and emotional distress and the costs of the suit.

ehirst@tribune.com

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