Attorney weighs in on newly filed suit against alleged wrongful death of Irvo Otieno

HENRICO COUNTY, Va. (WRIC) — The attorney representing the plaintiff in the newly filed lawsuit into the alleged wrongful death of Irvo Otieno says the core argument is based on two violations of the Emergency Medical Treatment and Active Labor Act.

Leon Dennis Ochieng, the brother of Irvo Otieno, filed the 62-page suit against HCA Health Services of Virginia for the wrongful death and negligence of Otieno.

Why is the plaintiff suing HCA?

The failure to stabilize Otieno while he was reported to have emergency medical conditions is what the complaint writes ultimately led up "to Irvo Otieno's foreseeable, senseless and tragic death on March 6, 2023."

"Any hospital participating in Medicare or Medicaid receiving money from the federal government, they are obligated to screen patients for emergency conditions and if found, to stabilize that condition within the capability, of course, of the hospital," said Paul Curley, attorney representing Ochieng.

These violations of the Emergency Medical Treatment and Active Labor Act (EMTALA) were found in an investigation into the hospital conducted by medical facilities inspectors from the Office of Licensure and Certification of the Virginia Department of Health.

How did Otieno end up at the Parham Doctors' Hospital?

Irvo Otieno died in the hands of sheriff deputies and hospital employees on March 6, 2023 of asphyxia-- according to the medical examiner -- at Central State Hospital in Dinwiddie County.

However, days prior to March 3, 2023, court records indicate Otieno was taken to Parham Doctors' Hospital (PDH) under an emergency custody order by Henrico County Police as he was experiencing an "acute, psychotic episode."

Otieno had been experiencing a mental-health crisis for several days. Records state he had not been eating regular meals, sleeping normally or taking medications for possibly four days.

Virginia State Police records further state that Otieno may not have been taking his medication for more than one week.

While Otieno was in "significant mental distress," he often walked outside and did on March 3, 2023.

While Otieno's mother saw he was unwell, she stepped away for privacy and called his doctor but at the same time a neighbor had reported to Henrico County Police that Otieno had been knocking loudly on a neighbors door.

Upon the arrival of police and their restrain of Otieno, he was taken by an ambulance to PDH.

What happened when Otieno arrived at the hospital?

According to the filed complaint, when Otieno arrived just after 1:30 p.m., he was experiencing "high anxiety, stress and emotional pain."

A timeline of events during Otieno's stay was outlined and revealed from 1:51 p.m. - 7:00 p.m., Otieno was given various medications, slept but did awake with outbursts, yelling and flailing, restrained and handcuffed -- which court documents state violate 42 U.S.C. § 290ii(a) -- and was unable to see his mother upon her request of multiple times.

During this period, Henrico police issued a temporary detention order (TDO) for Otieno late that afternoon.

The lawsuit lists § Virginia Code 37.2-813, 37.2-813-819 to reflect Otieno would only be lawfully released from the TDO prior to a hearing from a district court judge, special justice or director of the facility where Otieno was detained found that he no longer met the criteria for a TDO based on an evaluation conducted by the psychiatrist or clinical psychologist treating Otieno.

The lawsuit states this never happened nor was Otieno ever evaluated by a psychiatrist or clinical psychologist at PDH.

At 6:58 p.m., it was noted that Otieno had another outburst and "despite being fully restrained for hours, secured at his hands and feet to his hospital bed—allegedly scratched and/or hit a Henrico Police Officer."

Court records indicate a nurse characterized this incident as criminal behavior.

Otieno was then transferred to Henrico County Jail and his mother was not informed of this nor that he was being discharged form PDH, according to court documents.

Otieno remained at Henrico County Jail until March 6, 2023 when he was transported to Central State Hospital and ultimately died.

What is the plaintiff asking for?

Ochieng is requesting $25 million.

According to the lawsuit, the beneficiaries of Otieno continue to suffer sorrow and mental anguish, along with financial losses from funeral costs and expenses.

This is a developing story, stay with 8News for updates.