Negligence Behind Bars? Inmate Dies After Allegedly Being Denied Vital HIV Medication

AP Photo/Matt Rourke

In a tragic story that raises questions about the conditions in America’s jails and prisons, an inmate perished because he was not provided access to his much-needed medication, according to an allegation in a new lawsuit. Nicholas Overfield, a 38-year-old inmate died at the El Dorado County (California) jail because he was denied treatment for HIV.

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Now, his family is suing the facility, accusing it of negligence. The inmate was arrested in February 2022 for failing to appear in court. He was detained at the jail. Even though he informed the authorities about his condition, he was still denied his medicine.

An inmate whose HIV-positive diagnosis devolved into AIDS died because the medical staff at the California jail where he was housed denied him lifesaving medication even though they had his prescription and were told he needed it to survive, a new federal wrongful death lawsuit alleges.

Nicholas Overfield, 38, couldn’t stand or speak and was in a wheelchair when his mother visited him at the El Dorado County Jail on April 22, 2022. He died months later after being transferred out of the jail and then to two hospitals and a hospice. The lawsuit, filed in a federal court in California on Tuesday, names El Dorado County and Wellpath Community Care, LLC, the jail’s health care contractor.

In a new release about the case, Patrick Buelna, civil rights attorney with Oakland-based Pointer & Buelna LLP, said:

Nick’s case is a harrowing example of Wellpath’s failure to provide basic human rights and medical care to detainees. His unnecessary suffering and death highlight a disturbing pattern by Wellpath, the largest provider of jail medical services in the nation, of disregard for the health and well-being of those in the custody of our justice system. This lawsuit aims not only to seek justice for Nick and his family but to ensure that such inhumane treatment is never repeated in California or anywhere else.

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While being arrested, Overfield told the officers that he was HIV positive and required medication.

During his arrest at his home, he told officers he was HIV positive and needed his prescribed antiretroviral medication during his detention. His mother, Lesley Overfield, handed the medication to the officers who took it with them, court documents said. But court documents, citing medical records, allege that during the two months he was held at the jail, he never received his medication.

By the time his mother visited Overfield in April, his health had declined substantially, which is why he required the use of a wheelchair.

By April 22, 2022, his health had spiraled, court documents said. Too weak to walk, he was brought into a visiting room in a wheelchair for a visit with his mom.

“He was visibly disoriented and could not speak to his mother,” the lawsuit said.

She was so concerned she rushed out of the room to ask the deputy what had happened to her son.

“The deputy told her that she would have to ask her son — an especially cruel response given that he could not speak — and then left the building,” court documents said.

He was transferred from the Lake Tahoe hospital to a hospital in San Francisco for further treatment due to the severity of his condition.

Unfortunately, Overfield never received his medication or any real treatment, and was placed in hospice care where he died in July 2022.

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The plaintiffs are seeking justice for their loved one, but they also wish to shine a light on the broader issue of medical neglect in the jail system. This is not an isolated case. There are plenty of examples showing how this type of negligence has become a systemic problem in America’s prisons and jails.

Even those who are incarcerated still have rights, regardless of the crimes they have committed. But in Overfield’s case, it appears the authorities did not deem it necessary to allow him access to the medication he required to stay alive, which seems unnecessarily cruel. It is not clear whether this is a case of malice or simple bureaucratic incompetence. Either way, hopefully, the lawsuit will bring more attention that will prompt change.

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