WILLIAMSPORT — A federal judge presiding in a civil lawsuit stemming from the suicide of Ryan Francis in the Northumberland County Prison in March, 2006, has ruled that the medical malpractice and wrongful death case against psychiatrist Dr. Frederick Maue should proceed toward an October trial.
The judge dismissed several counts in the suit against Northumberland County, some of the claims against Dr. Maue and some of Maue’s complaints against the county. The county has already agreed to pay $360,000 to settle its portion of the lawsuit.
Contained in the 59-page order is extensive testimony that reveals that the suicide of Ryan Francis while in the custody of Northumberland County Prison might have been avoided if the psychiatrist and prison workers had communicated more effectively. Several prison employees, including a shift commander, the prison nurse and at least one guard, misunderstood or never received an order from Dr. Maue indicating Francis was to be placed on suicide watch.
Maue, for his part, apparently did not understand the difference between “close watch” and “constant watch” in the context of prison procedures. His order put Francis on close watch. Close watch requires periodic observation, every 15 minutes, while constant watch means continuous visual observation.
Maue believed that Francis was suicidal and tried to have him transferred to Sunbury Community Hospital’s psychiatric wing. However, because there were charges pending against Francis, the hospital would not accept him. An attempt to place him in a state hospital also failed since there was a five-month wait for a bed.
Maue told Lt. James Bruce, the watch commander, to keep Francis on close watch, but he did not mention that Francis exhibited suicidal behavior, so Bruce did not order more intense observation that night.
Patti Wojcik, prison nurse, examined Francis the next morning, but she was not made aware that he was suicidal. At the completion of her examination, Brian Wheary, a prison guard, asked if the close watch could be terminated, and since the documents from Dr. Maue requesting the 15-minute watch did not reference suicide, she believed the watch was the customary new commitment watch, she told Wheary it was all right to end the checks.
Logs kept by guards did not indicate any suicide watch, but rather that the 15-minute checks on Francis were for new commitment.
On March 9, when Francis’ cell mate was taken to a court proceeding. Francis was given medication at 1:23 p.m., and about 17 minutes later, during shift change count, Francis was discovered hanging by a bed sheet from a window frame.
The initial suit against Northumberland County and Dr. Maue was brought by Bonnie Francis, Ryan Francis’ grandmother, on behalf of his estate.
Judge John E. Jones III rendered his order on July 7, in which he acted on five motions. In a 59-page opinion, Jones granted motions to supplement or amend testimony already given by county defendants and Dr. Maue. By doing so, Jones gave several employees of Northumberland County Prison and Dr. Maue the opportunity to provide addition testimony after a settlement was reached between Bonnie Francis and the county. In that settlement, reached on April 30, 2009, Francis agreed to dismiss all claims against Northumberland County in exchange for $360,000. Maue did not participate in or contribute to that settlement, however.
Jones granted the county’s motion to summary judgement based on the settlement. The settlement, however, reserves the right of the county employees to pursue claims against Dr. Maue.
Jones granted part of the Northumberland County-Dr. Maue motion to summary judgement but denied other portions. Dismissed were claims by Maue against Ralph “Rick” Reish, Northumberland County Prison warden, claims by Maue that prison employees were not properly trained or supervised by Reish, Maue’s wrongful death assertion against Reish, a claim for punitive damages by Maue against the county and Reish, and indemnity claims by Maue against the county and Reish.
Jones denied summary judgement in Maue’s claim of inadequate care for Francis, medical malpractice and wrongful death claims against Maue by Bonnie Francis, and an indemnity claim against Maue by Francis.
All “John Doe” defendants, unnamed county employees, were dismissed from the action, as were all of Dr. Maue’s counterclaims.
The remaining portions of Maue’s case were placed on the October 2009 trial term, with jury selection in the case set for Oct. 5.
News
Psychiatrist trial set in jail death
Judge’s order says suicide may have been avoided
- News
-
-
New Report: Large charitable donations on the rise
SEATTLE — Money donated by the nation's most chartable people is starting to catch up with pre-recession giving, thanks in part to some very large bequests from a few donors. The Chronicle of Philanthropy reports today in its annual report of the nation's most generous people that the top 50 donors made pledges in 2011 to give a total of $10.4 billion.
-
State Rep. William DeWeese convicted on five counts in corruption case
HARRISBURG — A jury today convicted a senior Democrat in the Pennsylvania House of Representatives on all but one of six charges in the latest corruption trial stemming from a five-year investigation into the use of taxpayers' resources for political purposes.
-
State gas-drilling bill may pass today
HARRISBURG — Pennsylvania's top-ranking state senator says he's hoping for a speedy vote in his chamber on sweeping legislation to impose a drilling fee and update safety regulations on the booming natural gas industry.
-
Senator warns of 'dramatic' and 'difficult' state funding cuts
HARRISBURG — Pennsylvania's top-ranking senator says he expects dramatic and difficult spending cuts in Gov. Tom Corbett's budget plan. Senate President Pro Tempore Joe Scarnati said Monday that Pennsylvanians should be prepared for a debate on how best to use tax dollars, and he warned that he can't envision lawmakers raising taxes to ease spending cuts.
-
'It's just amazing'
PAXINOS -- Eli Manning may have been the Super Bowl's Most Valuble Player, but Henry Hynoski was the name on everyone's tongue in the Valley onSunday night. Patrons gathered in blue Giants jerseys to support Hynoski, the 23-year-old Elysburg native and Southern Columbia High School graduate who is now the proud owner of a Super Bowl championship ring.
-
Schools await word on Corbett's budget
SUNBURY -- Winston Churchill once said, "A politician needs the ability to foretell what is going to happen tomorrow, next week, next month and next year. And to have the ability afterwards to explain why it didn't happen."
-
DA wants Loving Care leader held liable for $68G fine
MIDDLEBURG -- More than a year has passed since the former corporation that operated a Selinsgrove personal care home was convicted of stealing a resident's money, but the case still lingers in court. In December 2010, Loving Care Nursing Center Inc. was convicted of stealing about $32,000 of former resident Francis T. Simonoski's money while he lived at the 308 S. Market St. home in 2007. The corporation was fined $100,000, which later was reduced to $68,000 following an appeal.
-
For Riverside couple, game day means party
RIVERSIDE -- Super Bowl Sunday is more than just a sports day for Joe and Leanna Muscato. It's also one of their biggest parties of the year. They have been holding Super Bowl parties for 32 years. They have been holding Super Bowl parties for 32 years. "When it started, it was in my little apartment" in Danville, Leanna said. Only eight people were at the first gathering. Now, there are usually 25 to 30 people every year.
-
Who will feed US?
SUNBURY -- More than 60 percent of farmers are over the age of 55, and without young farmers to replace them when they retire, the nation's food supply would depend on fewer and fewer people. "This is an alarming revelation that we have been hearing for several years," said Tim Lesher, a member of the Pennsylvania Farm Bureau's Young Farmer and Rancher Committee and president of the Northumberland County Farm Bureau.
-
A dip'll do: Few linger in 41-degree water
LEWISBURG -- Why? Group by group, about 250 otherwise perfectly sane-looking folks dived in and ran out of the Susquehanna River at St. George Street landing Saturday in the Seventh annual Polar Bear Plunge, part of the yearly Heart of Lewisburg Ice Festival.
-
5 of 9 coaches: Giants will be super
CATAWISSA -- Around 10 tonight, it will be the New York Giants being showered with multi-colored confetti, holding preprinted newspaper front pages that proclaim "GIANTS ARE SUPER!" and getting sweaty fingerprints all over the 7-pound sterling silver Lombardi Trophy, so say five of nine Valley high school football coaches.
-
State mandates manure must be managed
HARRISBURG -- Anyone who spreads manure on fields or has a pasture, barnyard or feedlot must now have a manure management plan, even if he has no animals and imports manure only for his fields, a Pennsylvania Department of Environmental Protection official said Friday.
- More News Headlines
-
New Report: Large charitable donations on the rise
