“Marengo Man Dies Due to Lack of Medical Care in McHenry County Jail, Wrongful-Death Lawsuit Claims”

By | January 4, 2024

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Accident – Death – Obituary News : A Marengo man who was held in the McHenry County jail for five days in 2022 before being transferred to a hospital died from a “lack of proper medical care” leading to his “slow and painful decline,” according to a wrongful-death lawsuit filed by his family. The lawsuit, filed in the U.S. Western Division of the Northern District Court of Illinois by Chicago-based law firm Ott Law Group P.C., names Wellpath, the jail’s medical provider, its staff, McHenry County, and McHenry County Sheriff Robb Tadelman as defendants.

Donald Edward Hamer Jr., 56, passed away on October 9, 2022, prior to the four reported deaths of inmates at the McHenry County lockup in 2023, which were previously reported. Sheriff Tadelman, who was not in office at the time of Hamer’s death, became undersheriff in 2022 and assumed the role of sheriff on December 1, 2022, after the November election.

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Hamer’s arrest occurred on September 20, 2022, around 10 p.m., following a single-vehicle crash in which his car landed in a ditch. He was charged with misdemeanor driving under the influence, with a blood-alcohol content of .083, slightly above the legal limit. Witnesses at the scene noted that Hamer appeared disoriented and confused, unsure of his surroundings.

According to the lawsuit, jail logs from the following day documented Hamer’s admission that he drank daily and had lost 20 pounds in a few months. He appeared thin and unhealthy. Upon arrival at the jail, Hamer signed a disclaimer granting Wellpath, the jail’s medical care provider, consent to provide healthcare services.

Despite visible signs of mental and medical decline, Hamer was not initially placed into a medical observation cell. A standard form titled “Alcohol, Opiates, Synthetic and Other Drugs Nursing Documentation Tool” was used by the intake nurse to guide Hamer’s treatment. This form is typically reserved for individuals identified as high-risk substance withdrawal. Hamer’s legs remained unsteady, and he was placed on alcohol-withdrawal protocols, which required medication initiation within four hours of identification.

However, the lawsuit alleges that no actions were taken by the nurse or any other Wellpath agents to address Hamer’s deteriorating condition. His pulse dropped below the indicator level for alcohol-withdrawal symptoms, but no appropriate measures were taken. The lawsuit claims that jail staff were aware of Hamer’s need for closer medical care and evaluation.

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Over the subsequent days, Hamer’s medical care and evaluations were limited, and he was not properly monitored. According to the lawsuit, Hamer exhibited odd behavior, refused medications, and did not receive prescribed medications for alcohol withdrawal. His physical and mental health continued to decline, with difficulties standing, walking, and swallowing pills. Food and liquids were aspirated into his lungs, causing further complications.

Corrections officers eventually moved Hamer to the medical pod, where he required substantial assistance for even simple tasks. The lawsuit accuses Wellpath of failing to provide appropriate substitute medications and vitamins through an IV. Despite calls for consultation, no Wellpath doctor responded. Had Hamer been properly evaluated, it would have been apparent that he was experiencing liver failure due to cirrhosis, worsening his overall condition since arriving at the jail.

Hamer was transferred to Northwestern Medicine McHenry Hospital on September 25 and placed in the intensive care unit, where he ultimately passed away on October 9. The cause of death was determined to be end-stage liver disease due to cirrhosis, with a manner of death classified as natural.

Troy Owens, chief of litigation in the McHenry County State’s Attorney’s Office, represents the sheriff’s office and the county in the civil lawsuit. Owens stated that the contract between Wellpath and the sheriff’s office holds Wellpath responsible for providing medical care to detainees. The county is awaiting a response from Wellpath and is seeking an indemnification statement releasing them from liability. If Wellpath fails to acknowledge their obligations, the county plans to sue.

The sheriff’s office declined to comment on Hamer’s death, noting that he was not an inmate at the time of his passing. Hamer’s family released a statement through their lawyer, describing him as a loving and devoted father who was passionate about his career in the tooling industry and enjoyed camping, diving, and following Nascar. They also mentioned his love for Chicago sports, which he passed down to his children.

Efforts to reach representatives of Wellpath or their lawyers were unsuccessful..