Bronx Supreme Civil Court in New York City has awarded a historic $6.1 million to the family of a man, Juan Francisco Hidalgo Flores, who died after a botched heart surgery while in Department of Correction custody at Rikers Island. The jury’s decision marked the highest medical malpractice judgment for wrongful death against Correction Health Services, a division of NYC Health + Hospitals. The trial, which lasted three weeks, concluded on Tuesday with the jury granting the money award to Flores’ family.
Attorney Eliot Wolf, who represented the family, stated that the city rejected any settlement offers and forced the family to go to trial. Flores passed away two days after being compassionately released in 2017, following a botched heart surgery under the care of Correctional Health Services at Bellevue Hospital, while awaiting trial on drug charges that were later dropped. Wolf expressed satisfaction with the verdict, saying that the family had finally received some justice.
According to his family, Flores suffered severe complications from the heart surgery, including a necrotic leg that required amputation. They also claimed that he went into cardiac arrest when he slipped off the operating table during the procedure. Although emergency room surgeons revived him, they allegedly failed to perform an MRI scan on his heart as instructed. These allegations emerged during the trial along with expert testimony presented by the defense.
One juror, Francisco Gourdine, expressed skepticism towards the defense’s expert witnesses, asserting that “right is right and wrong is wrong.” Gourdine emphasized the abnormality of neglecting to conduct an instructed MRI scan on Flores’ heart and allowing him to slip off the operating table. Flores’ son, Jacob Gris, however, did not view the jury’s decision as a victory, describing the gruesome transformation his father endured during his final two months of life.
Gris revealed that his father did not receive his diabetes medication while incarcerated at Rikers, which he believed contributed to his death. He claimed that his family had never been informed about his father’s medical condition and that attempts were made to cover up the situation. The family’s dissatisfaction with the treatment they received persisted throughout the trial, where multiple experts brought in by the defense, including Flores’ medical team, testified to his allegedly satisfactory condition in the hospital after the surgery.
Interestingly, the awarded amount of $6.1 million surpasses previous settlements related to wrongful deaths associated with Rikers Island. The highest previous settlement, amounting to $5.9 million, was reached with the family of Layleen Polanco. Polanco, a transgender woman, died after being ignored by correctional staff in 2019. Another notable case involved Bradley Ballard, who cried for help for seven days in his cell at Rikers but was denied assistance before his death. Ballard’s family received a settlement of $5.75 million in 2016.
Although Correctional Health Services declined to comment on the jury’s verdict, records reveal that New York City paid an average of $1,423,416.66 per death in Department of Correction custody or shortly after medical release over the past ten years. Court filings and obtained data indicate that the city paid $64,053,750.00 in settlements to 45 families of people who died while in custody or shortly after release from the Department of Correction since 2012.
Of the 74 deaths in custody or after medical release since 2012, only 45 have resulted in wrongful death or negligence actions filed in state or federal court by family members or loved ones. The lowest settlements to families who lost loved ones in city jails were $57,000 and $100,000. It is worth noting that administrative filing errors resulted in the dismissal of seven out of the 74 cases brought by families over the past decade.
The record-setting verdict in favor of Flores’ family highlights the ongoing issue of medical care negligence within the Department of Correction. The substantial financial settlements paid by New York City in recent years underscore the severity of the problem and the pressing need for reform to ensure the well-being of those in custody.