jbulger@journalnet.com

POCATELLO - A month-long civil case involving a former inmate at the Pocatello Women's Correctional Center who gave birth on the prison steps as she was being rushed to the hospital was handed to the jury Wednesday afternoon.

The suit, which seeks $23 million in damages, alleges that Jamie A. Lysager was willfully and negligently denied proper diagnosis and health care, which culminated in the woman beginning to give birth in prison on Feb. 14, 2004, after being left in a holding room for 10 hours.

Lysager was placed in a wheelchair and was being wheeled to a van for transport to Portneuf Medical Center when the birth occurred.

The complaint describes how Lysager's newborn son "fell from her body and the wheelchair, landing on the back of his head on the concrete ramp." It alleges that the wheelchair then ran over the newborn in a manner "so traumatic that the umbilical cord and a portion of the placenta were ripped from plaintiff."

The suit alleges that Prison Health Services Inc., the entity that formerly oversaw and staffed the Idaho Department of Correction's medical services, failed to use due and reasonable care to diagnose and treat Lysager and seeks damages on behalf of her and her son.

The suit originally named PHS, the Department of Correction and other prison employees and those in the employ of PHS. The DOC and several of its employees settled prior to trial and were dismissed from the suit.

The complaint alleges that Lysager, who was committed to the facility on Dec. 11, 2003, was given a due date of April 4, 2004. On approximately Feb. 3, she began experiencing flu-like symptoms and diarrhea, which she reported to medical staff. The suit alleges that medical staff negligently and willfully failed to treat and diagnose her during the next 10 days.

At 5:30 a.m. Feb. 14, Lysager, suffering from dehydration, diarrhea and stomach cramps, alerted medical staff and was given an ultrasound to monitor the baby's condition. She was then placed in a holding cell for approximately 10 hours. The complaint states that Lysager began screaming and kicking the locked door to get the medical staff's attention. At 5 p.m. that day, Lysager began giving birth while on the toilet.

Lysager's son, Taylor, spent two months in the hospital. The boy, now 4 years old, has been diagnosed with cerebral palsy. A central contention in the trial has been the cause and extent of Taylor's disability, as well as the standard of medical care provided Lysager. Dozens of lay and expert witnesses testified throughout the trial.

During closing arguments Wednesday, Lysager's attorney, Richard Hearn, told the jury that PHS violated its own policies by not transporting a pregnant Lysager to the hospital when she began experiencing medical difficulties. He repeatedly criticized PHS for not having a registered nurse on duty, contending that the facility's licensed practical nurses were not qualified to make medical determinations. Hearn particularly pointed at LPN Brian Halling as failing to take Lysager's condition seriously and failing to have her transported to the hospital.

"What they needed was someone who didn't think they were a doctor," Hearn said.

Hearn asked the jury for actual damages in the amount of $3 million to compensate Lysager and her son for their pain and suffering and for Taylor's future economic damages. Because Lysager was an inmate, Hearn argued for damages for Lysager's civil rights being infringed, predominantly her Eighth Amendment right to be free from cruel and unusual punishment.

Hearn also asked the jury to award punitive damages in the amount of $20 million, telling the eight-woman, four-man panel that PHS and similar entities motivated by profit, rather than compassion, need to be sent a message that such conduct is unacceptable.

During his closing argument, Joseph McCollum Jr., attempted to poke holes in Hearn's arguments, foremost by trying to point the finger of blame for any liability on the DOC. McCollum said the staffing provided by PHS was in accordance with that requested by the department.

McCollum argued that Lysager was likely suffering from corioamnionitis, an inflammatory condition of the uterus that can result in premature delivery without labor and contribute to physical and cognitive difficulties in children. He told the jury that the outcome for Taylor might not have been different even had Lysager been sent to the hospital earlier.

McCollum argued that there was insufficient evidence of any cognitive impact on Taylor and that the economic damages he might suffer were speculative.

He addressed Brian Halling's conduct specifically, his conduct having been a focus of the plaintiffs' case.

McCollum acknowledged that Halling, who testified during trial, did not come across as a particularly endearing witness. He admitted that Halling had not followed proper procedures, but argued that neither Halling nor other medical staff acted with malice or willful disregard of consequences. He said the medical staff thought they were treating Lysager for flu symptoms, not premature delivery. He told the jury that they should not award punitive damages for conduct that was based upon mistake, rather than willful action or inaction.

In his rebuttal, Hearn reiterated the importance of holding PHS accountable for the injuries to Lysager and her child.

"You will talk about this to your grandchildren," Hearn said. "It is a big, big deal."