Brother of Irvo Otieno sues hospital that saw him before his death for $25 million

HENRICO COUNTY, Va. (WRIC) -- On the two-year anniversary of Irvo Otieno's death comes a new development in his case. Court documents obtained by 8News show Otieno’s brother, Leon Dennis Ochieng, is suing HCA Health Services of Virginia for $25,000,000.  

The lawsuit, filed on March 3, said Ochieng is suing for wrongful death and that Parham Doctors' Hospital (PDH), located at 7700 E Parham Road in Henrico County and operated by HCA, was negligent. While Otieno died at Central State Hospital in Dinwiddie County, the 62-page lawsuit said his death was a direct result of PDH's actions.  

Otieno was taken to PDH by the Henrico County Police Department (HCPD) on March 3, 2023, after the lawsuit said he'd been experiencing a mental health crisis for days and a neighbor called the police on him.

According to the lawsuit, Otieno "often walked outside" while experiencing significant mental distress. The lawsuit said his mother, Caroline Ouko, was supervising him but stepped away "for privacy" to call his doctor. During that time, "a neighbor reported to the Henrico County Police Division that Irvo [Otieno] was knocking loudly on a neighbor's door."

The lawsuit said when officers arrived, Otieno "was in the midst of an acute psychotic episode." The lawsuit continued that, "Ms. Ouko pleaded to the officers that Irvo [Otieno] was in acute mental health distress and required medical attention, not police intervention."

The officers then issued a "paperless" Emergency Custody Order (ECO), meaning Otieno was incapable and unwilling to volunteer getting treatment or being hospitalized for his mental illness. The lawsuit said he was handcuffed without resistance, put in an ambulance and taken to PDH where custody was then turned over to the hospital.

The lawsuit said he did not receive the care he needed at PDH and was unlawfully discharged without stabilizing his emergency medical conditions. Once he arrived around 1:37 p.m., the lawsuit said Otieno was experiencing "high anxiety, stress, and emotional pain," and was described as "restless," "agitated," "distracted," and "impulsive."

The lawsuit stated PDH failed to give Otieno an appropriate medical screening and that he wasn’t seen or treated by a psychiatrist or clinical psychologist even though one was available. The only way for Otieno to be released from the temporary detention order placed on him while at PDH, he would've needed to be evaluated by the psychiatrist or clinical psychologist that treated him, which the lawsuit said never happened.

The lawsuit stated records show an emergency room physician "ordered an injection of Geodon, an antipsychotic, and Benadryl," at 1:51 p.m. and that Otieno's vitals showed signs of "extreme anxiety and unrest." At 1:53 p.m., the physician recorded he was suffering from "acute psychosis."

The lawsuit said Otieno was able to sleep for 40 minutes with medication, but woke up at 2:29 p.m. "yelling and flailing, his anger primarily brought on by the presence of Henrico Police in his room." His hands and ankles were then handcuffed to the bed. The lawsuit said this action was "condoned by HCA."

According to the lawsuit, PDH and HCPD have a "partnership" where "police departments place officers inside of HCA hospitals to act as security and to help facilitate the transfer of seriously mentally ill patients from police custody to HCA hospitals to receive mental health treatment." The lawsuit stated that the presence of law enforcement actually "worsens their mental health crisis."

The lawsuit said while PDH used HCPD as security to manage psychiatric patients, "PDH failed to provide specialized training to the Henrico County Police Officers for the management of psychiatric patients in a medical setting," and that their presence violates patients' rights, including Otieno's.

Otieno was injected with more medication at 3:18 p.m. to treat anxiety.

The lawsuit said at 5:24 p.m., a nurse assessed Otieno and noted that he was "irritable and boisterous," but "not verbally or physically threatening, nor had he damaged any property."

At 6:58 p.m., the lawsuit said Otieno had "another outburst," when he "allegedly scratched and/or hit a Henrico Police Officer." The lawsuit continued that a nurse characterized this now as "criminal behavior, but rather as a 'psychosis episode.'"

Otieno was then "unlawfully discharged...without stabilizing his emergency medical conditions," and taken to Henrico County Jail West and was charged with assaulting an officer and disorderly conduct in a hospital, though the lawsuit said a nurse described him as having a psychosis episode rather than criminal behavior.  

The lawsuit said Otieno's mom had gotten to the hospital before him and was in the waiting room, but was told she was not allowed to see her son. The lawsuit also said she was never informed he was being discharged and taken to jail.

Three days later, on March 6, 2023, still in a mental health crisis, according to the lawsuit, Otieno was taken from the jail to Central State Hospital in Dinwiddie County, where he died from asphyxia while being restrained.  

Ten people were originally charged in connection to Otieno's death. However, one person was found not guilty in October, and all other charges for the remaining nine people were dropped.