Washington Woman Suffers Life-Altering Brain Injury After Trooper Allegedly Misinterprets Symptoms as DUI

Daniela P on June 15, 2024

Misinterpreted Symptoms Lead to Delayed Medical Care and Tragic Consequences

In a disturbing case of alleged misinterpretation and negligence, a federal civil-rights lawsuit filed in Tacoma, Washington, claims that a State Patrol trooper mistook Nicole McClure’s life-threatening brain bleed for intoxication, resulting in her wrongful arrest on suspicion of drunken driving and a critical delay in receiving necessary medical care. The lawsuit alleges that McClure, then 38, was booked into the Thurston County Jail, where officers mocked her as she lay on a cell floor for over 24 hours before finally receiving medical attention. Due to the delayed treatment, McClure required emergency surgery to remove a large portion of her skull to relieve the pressure from a frontal-lobe subdural hematoma. As a result, she now faces permanent disabilities and is unable to care for herself or engage in life as she once did.

5 Key Points

  • On March 21, 2022, Trooper Jonathan Barnes pulled over Nicole McClure after she had left work early due to a headache and dizziness, mistaking her symptoms for intoxication.
  • Despite McClure’s evident confusion and disorientation, Barnes arrested her on suspicion of intoxicated driving and felony evading without conducting proper field sobriety tests.
  • Although McClure was taken to a hospital for a blood draw, which later showed no drugs or alcohol in her system, Barnes allegedly failed to inform hospital staff of her earlier collision and concerning symptoms.
  • At the Thurston County Jail, McClure was allegedly denied proper medical attention for more than 24 hours, even as her condition significantly deteriorated, and she was subjected to mockery by officers.
  • The day after her arrest, McClure underwent emergency brain surgery, requiring the removal of a large piece of her skull to relieve pressure on her brain and attempt to preserve her remaining brain function, leading to lasting consequences and severe limitations in her daily life.

The Traffic Stop and Arrest: A Critical Misinterpretation

On the evening of March 21, 2022, Trooper Jonathan Barnes attempted to stop Nicole McClure after observing her driving too slowly and wandering from her lane. Unbeknownst to Barnes, McClure had left work early that day due to a severe headache and dizziness, which were likely early signs of her developing brain bleed. Confused and disoriented, McClure did not respond to Barnes’ emergency lights and continued driving slowly until she ultimately collided with a traffic roundabout, turning off her vehicle. Dash-camera video captures the trooper rushing up to McClure’s car with his gun drawn, yelling for her to exit the vehicle. Barnes then forcefully pushed McClure onto the hood of his cruiser and struggled to handcuff her while accusing her of eluding police. Despite the evident confusion and disorientation displayed by McClure, Barnes proceeded to arrest her on suspicion of intoxicated driving and felony evading without conducting proper field sobriety tests or considering alternative explanations for her behavior.

Neglect and Mockery: The Lack of Medical Attention at the Hospital and Jail

Following her arrest, McClure was transported to a hospital for a blood draw, which would later confirm the absence of any drugs or alcohol in her system. However, the lawsuit alleges that Barnes neglected to inform hospital staff of McClure’s earlier collision and the concerning symptoms she had exhibited during the traffic stop. This critical omission may have contributed to the hospital’s failure to identify her underlying medical emergency and provide the immediate care she desperately needed. Instead, after the blood draw, Barnes proceeded to transport McClure to the Thurston County Jail, where she would endure over 24 hours of neglect and ridicule as her condition continued to deteriorate. The lawsuit paints a disturbing picture of the treatment McClure received at the jail, alleging that officers mocked her, laughing and making insensitive comments suggesting she should “Have another shot,” as she lay helpless on the floor, unable to control her bodily functions. It was only after McClure began vomiting uncontrollably that she was finally moved to another cell and “forcibly changed” by a jail employee, yet still not provided with the medical attention she so urgently required.

Emergency Intervention and Life-Altering Consequences

It was not until “a few hours later, [when] a member of the jail’s medical team was called,” that McClure’s dire condition was finally recognized, and she was “advised [to] be taken to the hospital immediately,” according to the lawsuit. The day after her arrest, McClure underwent emergency brain surgery, during which doctors were forced to remove a large piece of her skull to alleviate the dangerous buildup of pressure on her brain. Her attorney, Anne Vankirk, stated that this drastic measure was necessary to “save her remaining brain function.” Despite this intervention, the consequences of the alleged negligence and delay in treatment have been devastating for McClure. After spending 17 days hospitalized, she now lives with the life-altering effects of severe traumatic brain injury, requiring constant care and unable to engage in the activities and relationships that once brought meaning to her life. Vankirk emphasizes the tragedy of the situation, noting, “Had Nicole received immediate medical attention, her condition would have been significantly easier to treat and the outcome far less severe.”

The Pursuit of Justice and Accountability

The federal civil-rights lawsuit, filed in Tacoma on February 1, 2024, seeks to hold the Washington State Patrol and Thurston County Jail accountable for their alleged roles in the events leading to McClure’s devastating injury and permanent disabilities, by bringing this legal action, McClure and her attorney aim to shed light on the systemic failures and individual negligence that they believe contributed to the tragic outcome. While the Washington State Patrol has acknowledged the lawsuit, spokesperson Chris Loftis stated that the agency does not comment on pending litigation, confirming that Trooper Barnes did not face disciplinary action for his conduct during the incident. Similarly, Tara Tsehlana, representing the Thurston County Prosecuting Attorney’s Office, which defends the jail, declined to discuss the specifics of the case, offering only a general statement affirming the county’s commitment to the safety of inmates, staff, and the public. As the lawsuit progresses, it will be critical to examine both sides’ evidence, testimony, and arguments to determine the extent of the alleged misconduct and the appropriate measures for ensuring justice and accountability.

The Importance of Proper Training and Protocols

The disturbing allegations in Nicole McClure’s lawsuit underscore the importance of proper training and protocols for law enforcement officers and correctional staff in recognizing and responding to medical emergencies. The failure to distinguish between the symptoms of a severe medical condition, such as a brain bleed, and the signs of intoxication can lead to devastating consequences, as alleged in this case. Officers must receive comprehensive training in identifying and differentiating between various medical conditions and substances that may impair an individual’s behavior or cognitive function. Additionally, clear protocols must be in place to ensure that individuals in custody receive prompt medical attention when necessary, regardless of the suspected cause of their condition. By prioritizing the health and safety of those in their care, law enforcement agencies and correctional facilities can work to prevent tragedies like the one alleged in McClure’s case and ensure that individuals receive the timely medical intervention they need.

Seattle Pays $1.86M to Family in Lawsuit Over Fatal Delay in Medical Care

Michael S on June 15, 2024

Tragic Consequences of a Delayed Emergency Response

The city of Seattle has settled a lawsuit for $1.86 million with the family of William Yurek, a man who tragically died of a heart attack in November 2021 due to a delayed medical response. The incident occurred when Yurek’s 13-year-old son called 911 for help after his father began experiencing chest pains and difficulty breathing. Despite the urgency of the situation, emergency responders were instructed to wait for a police escort before entering the residence, as the address was on a “blacklist” due to a history of threats associated with a previous occupant. This delay ultimately proved fatal for Yurek, raising questions about the city’s emergency response protocols and the maintenance of its cautionary address list.

5 Key Points

  • William Yurek’s 13-year-old son called 911 twice, pleading for help as his father suffered a heart attack.
  • Emergency responders arrived at the scene within six minutes but were instructed to wait for a police escort due to the address being on a “blacklist.”
  • Medics waited outside for 13 minutes before entering the home without police, following the second 911 call from Yurek’s son.
  • Yurek did not survive, and experts suggest he could have had a 25% chance of survival if medical attention had been provided sooner.
  • The city settled the lawsuit for $1.86 million and announced revisions to its guidelines on using and maintaining the cautionary address list.

The Fatal Consequences of a Delayed Response

The tragic death of William Yurek highlights the critical importance of timely medical intervention in emergencies. According to the family’s attorney, Mark Lindquist, emergency responders arrived within six minutes of the initial 911 call. However, they were instructed to wait for a police escort before entering the residence due to a cautionary note associated with the address. This delay proved fatal for Yurek, who was in desperate need of immediate medical attention. Experts suggest that had medics been able to enter the home without waiting for police, Yurek could have had a 25% chance of survival despite his pre-existing medical condition and history of drug use.

The Importance of Accurate and Updated Cautionary Address Lists

One of the critical issues raised in the lawsuit was the accuracy and maintenance of the city’s “blacklist” of addresses requiring police escorts for emergency responders. In Yurek’s case, the previous occupant, identified as a combative individual no longer resided in the unit. However, the address had not been removed from the list, leading to a fatal delay in medical care. This incident underscores the critical importance of regularly reviewing and updating cautionary address lists to ensure that emergency responders have accurate information and can make informed decisions about the need for police escorts.

Balancing Safety Concerns with the Need for Swift Medical Intervention

While the safety of emergency responders is of utmost importance, the lawsuit against the city of Seattle raises questions about the balance between ensuring the security of medical personnel and providing timely care to those in need. Lindquist argued that the city was negligent not only in failing to maintain an accurate cautionary address list but also in continuing to require police escorts for medics despite the well-known understaffing of the Seattle Police Department. This policy, he alleged, increased the likelihood of officers arriving late to emergency scenes, potentially jeopardizing the lives of those requiring urgent medical attention.

The Importance of Accountability and Policy Reform

The settlement of the lawsuit for $1.86 million serves as a form of accountability for the city of Seattle and a recognition of the tragic consequences of the delayed medical response in Yurek’s case. While no amount of money can compensate for the loss of a loved one, the family expressed satisfaction that the case was resolved justly and fairly. Notably, the city announced revisions to its guidelines on the use and maintenance of the cautionary address list following the suit, demonstrating a commitment to preventing similar tragedies in the future. This policy reform is critical in ensuring that emergency responders have the information and flexibility they need to provide swift, life-saving care to those in need.

Jaguar’s Kicker Brandon McManus Accused of Sexual Assault on Team Flight

Daniela P on May 29, 2024

NFL Kicker Accused of Sexually Assaulting Two Women

A lawsuit filed in Duval County Circuit Civil Court on Friday night accuses NFL kicker Brandon McManus of sexually assaulting two women during the Jacksonville Jaguars’ overseas flight to London last year. The women, identified as Jane Doe I and Jane Doe II, seek more than $1 million in damages and demand a jury trial.

5 Key Points

  • The two women allege that McManus rubbed himself against them and grinded against them during the flight.
  • The lawsuit also accuses the Jaguars of failing to supervise McManus and create a safe environment for staff serving the team.
  • McManus’ attorney denies the allegations, calling them “fictitious” and an “extortion attempt.”
  • The Jaguars and McManus’ current team, the Washington Commanders, have acknowledged the lawsuit and are investigating it.
  • The women claim to have experienced severe mental anguish, anxiety, and distress due to the alleged incidents.

Allegations Against McManus and the Jaguars

According to the lawsuit, Jane Doe I and Jane Doe II worked as flight attendants on the Jaguars’ charter flight to London on September 28, 2023. They allege that the flight “quickly turned into a party,” with McManus and other players disregarding the flight attendants’ personal space, air travel safety, and federal law.

Jane Doe I accuses McManus of trying to kiss her during a session of turbulence and grinding up against her twice while she was serving meals. Jane Doe II alleges that McManus grinded up against her during the second meal service and smirked when she confronted him.

The lawsuit also alleges that the Jaguars committed gross negligence by failing to properly hire, train, and supervise McManus, as well as failing to adopt policies to protect flight staff from sexual misconduct.

Responses to the Sexual Assault Allegations

McManus’ attorney, Brett R. Gallaway, denies the allegations, calling them “fictitious” and an “extortion attempt.” The Jaguars and the Washington Commanders, McManus’ current team, have acknowledged the lawsuit and are looking into the matter.

Jaguars coach Doug Pederson said Monday was the first time he heard about the allegations against McManus. He would not describe the atmosphere on the chartered flight as a party. He also mentioned that the seating arrangement on the flight is somewhat separated.

The Impact on the Alleged Victims

The lawsuit states that due to the alleged sexual assault, the two women have experienced severe mental anguish, anxiety, psychological and emotional distress, embarrassment, and humiliation. They have also been removed from the core crew that staffs Jaguar’s charter flights, which they had worked hard to achieve.