Lawsuit claims local woman got lithium poisoning at Whitley jail

A local woman is suing the Whitley County Detention Center and various other entities and individuals claiming she was denied proper medical care while an inmate at the facility in late 2014 and early 2015.

Lois Maxwell filed suit on Dec. 22 in Whitley Circuit Court against the Whitley County Detention Center, former Jailer Ken Mobley, the official office of Jailer of Whitley County, and the Whitley County Fiscal Court by and through Judge-Executive Pat White Jr. and Magistrates Scotty Harrison, Lon "Chuck" Head, Michael Jarboe and Robbie Brown.

The lawsuit also names as a defendant, Southern Health Partners Inc., which provides medical services for the detention center.
According to the Whitley County Detention Center’s website, Maxwell was booked into the jail on Dec. 1, 2014, and was released on Jan. 5, 2015 at 8:13 p.m.

The website indicates Maxwell was a state inmate serving time for first-offense trafficking in a controlled substance.

"The defendants owed an official duty and a fiduciary duty to protect, provide for and safe-keep Lois Maxwell, particularly as she was incarcerated on a non-violent offense," Maxwell’s attorney, Brandon West, wrote in the lawsuit.

"The defendants, with willful disregard, failure to observe, care for, supervise and monitor the activities and person of the plaintiff while in custody and to provide appropriate supervision and a safe environment for the plaintiff."

The lawsuit alleged that starting about Dec. 26, 2014, Maxwell was allowed to suffer lithium toxicity while in custody of the jail, and on Jan. 3, 2015, she was given emergency treatment at Baptist Health Corbin, which included dialysis.

The lawsuit alleged that Maxwell was denied proper medical treatment and medical care while incarcerated at the detention center and in the care of Southern Health Partners Inc., and that neither the detention center nor Southern Health Partners had the proper medical equipment to monitor her health and lithium levels and provide the necessary care she required for her serious medical needs.

"The defendant, Kenneth Mobley, his unknown agents, and the agents of Southern Health Partners Inc., had consistent contact with the plaintiff during her incarceration, and she requested help from the defendants and their agents, and her need of emergent care and lithium toxicity should have been apparent to the defendants," according to the lawsuit.

According to the lawsuit, Maxwell incurred reasonable and necessary expenses for medical, hospital, physical therapy and x-ray services in excess of $5,000, sustained permanent injury and is within reasonable medical probability permanently injured as a result of the negligence, West wrote in the lawsuit.

The lawsuit asks for a trial by jury, reasonable attorney fees, and judgment against the defendants in excess of $5,000 for both compensatory damages and punitive damages.

So far no response has been filed to the lawsuit.