Spence Law Firm, LLC: Jury Awards $2 Million to Mother of Man Who Died in Utah Jail

Lawsuit: Jail contractor Wellcon, Inc. withheld prescription medication, caused needless suffering

SALT LAKE CITY, July 2, 2024 /PRNewswire/ -- The mother of a man who died in a Salt Lake City jail after a corporate jail contractor withheld his prescription medication has been awarded $2 million by a state district court jury, The Spence Law Firm, LLC and co-counsel said today.

Janis Aus accused Salt Lake City-based Wellcon, Inc., of abruptly discontinuing her son Jeremy Aus's prescription medication when he was booked into the jail on Nov. 6, 2013. Jeremy Aus died 10 days later, on Nov. 16, 2013, after he suffered from severe withdrawal from his benzodiazepine anxiety medication. He was facing misdemeanor charges.

The standard of care required the prescribing nurse to taper his medication, rather than abruptly discontinuing it, and to monitor Jeremy for 10 to 14 days for signs of severe withdrawal. The company did neither, the evidence showed. Throughout the 10 days, Jeremy consistently requested his medication, then suffered up to nine seizures the night he died.

The jury returned its verdict on Monday, finding the company's employee, an advanced practice registered nurse (APRN) breached the medical standard of care and caused injury, pain and suffering to Jeremy Aus.

Janis Aus is represented by Mel C. Orchard, III and Emily S. Madden, of The Spence Law Firm, LLC, of Jackson, Wyo., Daniel Baczynski, of Baczynski Law, PLLC, of Draper, Utah, and Tyler B. Ayres, of the Ayres Law Firm, of Draper, Utah.

Co-lead counsel Emily S. Madden, of The Spence Law Firm, said: "Jeremy needlessly suffered from benzodiazepine withdrawal. The prescription wasn't given simply because was accused of a crime. We hope this verdict reminds correctional care providers of their obligations to provide appropriate care, even for the incarcerated."

Mel C. Orchard, III, of The Spence Law Firm, said, "Denied his prescription medication, Jeremy Aus suffered over 10 days simply because Wellcon, Inc. ignored medical guidelines and the risks of forcing someone to abruptly discontinue use of prescription medication. We respect the courage of Janis Aus to seek justice in this case."

Janis Aus previously settled federal claims against the Salt Lake County Jail.

The case is Janis Aus vs. Wellcon, Inc., Case No. 210906801, in the Third Judicial District Court of Salt Lake County, Utah.

Contact: Erin Powers, Powers MediaWorks LLC, for The Spence Law Firm, LLC, 281.703.6000, [email protected].

SOURCE The Spence Law Firm, LLC