The widow of a Mexican native who died while in the custody of federal immigration authorities in Georgia has filed a wrongful death lawsuit against the government for $1 million.
In her lawsuit filed in federal court Tuesday, Sara Hernandez-Gonzalez said her late husband, Roberto Medina-Martinez, died from myocarditis -- or an inflammation of the heart muscle – because of the federal government’s negligence.
The attorneys representing Hernandez-Gonzalez said that problem is often treatable. U.S. Immigration and Customs Enforcement’s policy requires all detainees to receive physical exams when they are admitted and for a physician to sign their physical exam reports, indicating they had been reviewed. A physician did not review or sign the report for Medina-Martinez, the lawsuit says.
“The government's failure to provide proper medical treatment of Mr. Medina breached the applicable standard of care and was negligent,” the lawsuit says.
An ICE investigative report obtained by The Atlanta Journal-Constitution through the federal Freedom of Information Act says the physical exam he received at the Stewart Detention Center south of Atlanta gave him a "good" health ranking. The report confirms a physician did not review or sign his physical exam report, though the report also says the detention center gave him "proper care and treatment." Other ICE records say his X-ray results were abnormal but were assessed as normal and never reviewed by a physician as required.
ICE rejected an earlier claim for $1 million from Hernandez-Gonzalez in September, telling her attorney that he had “failed to establish that any negligent or wrongful act or omission of a federal government employee caused this alleged incident.”
An ICE spokesman declined to comment on the lawsuit but said his agency "recognizes the importance of ensuring that all detainees receive timely and appropriate medical treatment. To ensure the highest quality health care, the ICE Health Service Corps medical facilities comply with applicable health care standards from the American Correctional Association and the National Commission on Correctional Health Care, and the ICE National Detention Standards.
"Shortly after taking office, Secretary [Janet] Napolitano issued an action directive initiating a comprehensive review of ICE’s detention system. Significant reforms have been made to the immigration detention system and health care management. ICE is committed to providing all detainees in our care with timely, safe, humane and appropriate treatment, which includes medical and mental health care. ICE has developed a system of service delivery and oversight to ensure that this occurs.”
In January of 2009, Medina-Martinez -- who was born in Mexico -- was arrested by police in North Carolina for driving without a license and speeding. He was transferred to the ICE detention center in Stewart County. He died at St. Francis Hospital in Columbus on March 11 of 2009.
ICE records say he was a Mexican citizen who had entered the country illegally in 2001. The American Civil Liberties Union, which is helping represent the widow in her lawsuit, said Medina-Martinez was "undocumented" at the time of his death.
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