A Minnesota county will pay a man a historic $12.2 million settlement after a stay in the local jail almost killed him due to a bacterial infection.
Terrance Dwayne Winborn has been trying to adjust to living without his limbs since he nearly died in 2020. His lawyers said that the jail staff’s negligence and failure to provide adequate medical treatment later worsened his condition and ultimately caused permanent injury.
The then-59-year-old was arrested in the early hours of Aug. 27, 2020, for “driving and alcohol-related infractions” and held at Scott County Jail in Shakopee, about 25 miles from Minneapolis, according to court documents obtained by Atlanta Black Star. Police officers conducted a breathalyzer test, which showed that his blood alcohol content measured at 0.13 percent, higher than the legal limit.
Around 10 a.m., Winborn began vomiting “a couple of times,” including an hour later when he returned from his bail hearing, which his attorney argued was a warning of his medical condition. They also noted that the vomiting did not result from his BAC level.
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Despite his symptoms, the lawsuit stated that the medical staff did not evaluate him. In addition, he also complained about his arthritis and not having his medication — which was taken away by jail staff upon arrival. When his complaints were sent to medical staff, the correction officers were told that the nurse ordered an inhaler and that he could have “OTC Tylenol.”
The following day, at about 10 a.m. on Aug. 28, Winborn was “unable to stand” during his medical assessment, according to the lawsuit. He was mumbling; one of his hands was swollen, and he was in pain. And a short time later, he was showing signs of abnormal breathing. The lawsuit alleges that he was still not given proper medical treatment and was held in booking for “monitoring.”
Hours later in the afternoon, Winborn had fallen out of his bed, said he was suffering from severe pain, and continued to struggle to breathe. He was then transported to a local hospital, but he was taken to another facility for better treatment due to his severe symptoms.
During his lengthy months-long hospital stretch, Winborn had to get both of his arms — stopping at the forearm — amputated. He also suffered from gangrene, a heart attack, lesions, and septic shock, among other conditions, according to the lawsuit.
KSTP-TV reported that Winborn’s lawyers said that nearly 40 hours of footage connected to this incident had been erased.
“The failure to provide Mr. Winborn with constitutionally required care was, we maintain, inhumane and offensive on every level,” his attorney Katie Bennett wrote in a statement, the news station reported.
Per the outlet, Bennett added: “To destroy the best evidence of the abhorrent conduct demonstrates the need for the asked-for sanctions and the size of this settlement. While this settlement cannot undo the pain and suffering that Mr. Winborn endured, it serves as an important step toward justice and accountability and a message to correctional personnel and correctional medical providers not to engage in this kind of conduct in the future.”
According to the report, he will get $10.2 million from Scott County and the remaining $2 million from Minnesota Counties Intergovernmental Trust.
An attorney for the county said in a statement that the county and its insurer agreed to the settlement in exchange for the dismissal of Winborn’s lawsuit but did not say whether the county claims any wrongdoing, according to the Associated Press.
Here’s a look at a day in the life of Winborn now.
