The inmate was detained in Mojave County Jail in 2018 and charged with credit card theft. By the time his case was dismissed five months after him, he was paralyzed from his shoulders down.
Former Bullhead City resident Brian R. Rodriguez, 46, is suing Welpas (formerly Collect Care Solutions), a former Mojave County Jail health contractor, for malpractice. This condition is a bone infection that can cause extreme pain, fever, and fatigue. According to Rodriguez’s attorney in the case, it was a condition that progressed until he eventually lost use of his arms and legs. However, Welpas employees believed he was a hoax.
Defendants in this lawsuit include employees of Scottsdale-based Wellpath and Phoenix-based Quality Medical Imaging of Arizona. They are now scheduled to go on trial in October, according to Maricopa County court records.
According to Mojave County court records, Rodriguez was charged with one felony count of credit card theft in July 2017 and was released from custody with his approval.
In May 2018, Rodriguez was unable to attend a pretrial conference for the case. His attorney explained to the court that Rodriguez was unable to arrange transportation to the hearing and requested that the court excuse his absence. A warrant was issued for Rodriguez’s arrest.
Rodriguez was arrested and transferred to the Mojave County Jail on May 28, 2018, where he will remain in custody pending trial.
Rodriguez informed Welpath employees of pain in the left side of his chest and shoulder the day he was detained. On May 30 and he reported on June 2 that he was in extreme pain and unable to lift his head.
According to a 2020 complaint filed by Phoenix-based attorneys David J. Don and Joel B. Robbins, Rodriguez was later diagnosed with acute cervical osteomyelitis, an abscess that grew, caused pain, and spread to his spinal cord. Conflicts were increasing.
According to lawyers, Rodrigues’ condition deteriorated until June 12, when he was taken to hospital and asked to undergo an X-ray. On June 17, Defendant denied Rodriguez’s request and allegedly failed to complete a Nursing Visit Denial Form.
On June 22, 2018, attorneys said Wellpath officials recorded neck pain and incontinence among Rodriguez’s symptoms. According to the complaint, defendants did not provide Rodriguez with referrals to nurse practitioners, doctors, specialists, or emergency rooms at the time.
From May 28 to mid-July, Wellpath employees failed to complete or submit medical documents and refusal of treatment forms on multiple occasions, according to attorneys.
Symptoms worsen, medical staff point out ‘fictitious disease’
On June 24, Rodrigues submitted a medical request to Wellpath staff. In his request, Rodriguez stated that his motor skills had deteriorated significantly and he could no longer walk or stand on his own.
Welpath nurse Franklin P. Brown, whose name was named, said Rodriguez’s symptoms were due to a “fictitious illness.”
The next day, Wellpath employees noticed that Rodriguez had an abnormal neck exam and a temperature of over 100 degrees. Wellpath employees prescribed ibuprofen and Cymbalta to treat Rodriguez, according to the complaint.
On June 25, Rodriguez appeared in Superior Court of the Mojave in a wheelchair. According to court records, Rodriguez said he was unable to move his legs or arms at the time. Rodriguez told court officials that he had run at least a dozen times and hit his head at least six times while in custody at the Mojave County Jail. At the time, Rodriguez was unaware of the cause of his illness and told the court that he was unable to receive an assessment of his condition from the medical staff at the facility.
Weeks passed and Rodriguez’s fever persisted, according to the complaint. Rodriguez also had a higher than normal heart rate and high blood pressure.
Welpas doctor Jason Malfau, who is also named as the defendant, documented Rodriguez’s hand losing “grip strength” on July 7, 2018. According to the complaint, Marfau recorded a history of “miraculous recovery” and “possible malice.”
Malufau ordered a cervical X-ray, but did not refer Rodrigues to an MRI, CT scan, specialist, or emergency room treatment. These x-rays of her, provided by Dr. Robert S. Hurwitz, Arizona, Quality Her Medical Imaging, showed signs of deterioration in Rodriguez’s spine consistent with acute cervical osteomyelitis. Lawyers in the case said Hurwitz did not pass on the information to other health care providers.
Treatment Was Too Late, Lawyers Say
According to Rodriguez’s attorney, Welpath employees at the prison allowed his condition to deteriorate and he needed assistance to roll over, feed him and give him water. I was also forced to wear diapers due to the degree of paralysis.
On July 11, Brown, who initially believed Rodriguez’s condition was due to a “fictitious illness,” argued that Rodriguez would require more advanced care than would be provided in prison.
Rodriguez was eventually transported to Kingman Regional Medical Center on July 13. He was then taken to a Las Vegas hospital for neurosurgery.
According to the complaint, the doctor who performed the surgery said there was no guarantee that Rodriguez would regain the use of his limbs even after a series of surgeries that took place that year.
Judge Lambert ordered the release of Rodriguez from custody on his own accord on July 17, 2017. In October, Mojave County Deputy Attorney Leroy Albright filed a motion to dismiss Rodriguez’s charge of theft of his credit card on the grounds that Rodriguez was “bedridden and needed.” Helping others with all activities of daily living. ”
Lambert dismissed the lawsuit against Rodriguez on October 29 of that year.
Wellpath continued to serve as a contract health care provider at Mojave County Jail through July 2022. As of this year, these services are provided by his Pittsburgh-based Wexford Health Services Inc.
Rodriguez is now seeking damages from the defendants, including lost income, past and future medical and property-related costs, pain and suffering, court costs, and other relief that a court may deem justified. I’m here.
In September 2020, Hurwitz requested that the venue of the lawsuit be changed to Mojave County. That request was denied by Maricopa Superior Court Judge Pamela Gates.
The next hearing in the case will be at a pretrial conference in Maricopa High Court on September 8. Wellpath and Quality Medical Imaging officials are scheduled to go on trial beginning October 16.
Attempts to contact the Mojave County Sheriff’s Office for additional information about medical services at county jails were unsuccessful as of Wednesday evening.