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Trial under way in death of comatose surfer from Fillmore

Two defendants are on trial, charged with felony dependent-adult abuse, stemming from the death of Jeremiah Allen of Fillmore, who went into a coma after being injured in a 2003 surfing accident.

Chad Josef Medlin, 63, and Sandra Monterroso, 51, are accused of being negligent in the medical care they gave to Allen, who died at CareMeridian in Oxnard on June 2, 2004.

Prosecutors allege Medlin and Monterroso were negligent in connection with the placement of a feeding tube that resulted in the death of Allen, who had been injured at age 19 in Hawaii.

Deputy Attorney General Natasha Fagen said the state Attorney General's Office is prosecuting this case because it handles complaints from the Department of Health Services.

Robert Samuelson, a former paramedic with Gold Coast Ambulance, testified Thursday in Ventura County Superior Court that Allen was in cardiac arrest, cold and not breathing on his own when they arrived at his room at CareMeridian.

"The patient had been dead for some time," he said, adding that they called police. "It's part of our policy," he said.

Samuelson said Gold Coast received a call to transport a patient to a hospital. But after arriving, he said, they realized that Allen had been dead an hour and a half or more.

Medlin's lawyer, Louis "Chuck" Samonsky, said in an interview that the death was because of human error.

"It is simply a mistake, and that's not criminal," he said, adding that there was proper supervision by his client.

Medlin is the CareMeridian nursing director, and Monterroso is a nurse there, Samonsky said.

Jeremiah moved to Hawaii after graduating from Fillmore High School in 2002.

He moved to Hawaii to surf and study for a career in marine biology or oceanography, according to relatives.

Comments

Posted by CloudyDaze on April 25, 2008 at 6:26 a.m. (Suggest removal)

This is a very sad story with a tragic end. I fail to see how a felony prosecution will improve anything. Mistakes are made in conventional hospitals all the time, but rarely result in criminal prosecution. Why is this different?

Posted by AnnaWhaat on April 25, 2008 at 8 a.m. (Suggest removal)

Because they shouldn't happen!!!!

Posted by Ms_California on April 25, 2008 at 8:04 a.m. (Suggest removal)

If a medical doctor mistreated a patient and the end result was death, there would be a malpractice case no doubt! This is a medical care facility, his parents paid money for his medical care.. he should have received the best possible care and if you ask me this is just disgraceful! How could someone be dead for that long and no one know! His family didn't even get a chance to say goodbye to him!

Posted by DoctorDude on April 25, 2008 at 9:18 a.m. (Suggest removal)

If the police were the caregivers and made an honest mistake by misplacing a feeding tube, would there even be a trial?

Posted by bugmenot on April 25, 2008 at 9:56 a.m. (Suggest removal)

If Chad Josef Medlin, 63, and Sandra Monterroso, 51 are incarcerated, would any of you feel safer?

Posted by CloudyDaze on April 25, 2008 at 10:13 a.m. (Suggest removal)

Ms_California: Yes, maybe a civil case might be in order, but not criminal prosecution. Regardless of this terrible mistake, his family never had a chance to say goodbye. He was gone long ago.

Posted by julie_mae on April 25, 2008 at 10:14 a.m. (Suggest removal)

Patients don't just immediately die when a feeding tube is misplaced. I worry about their failure to recognize that the poor kid was in some sort of distress and then failed to recognize that he was DEAD and had been for some time. I would assume that any layperson who came upon a person who had been dead for over an hour would be able to recognize that they were dead.
Anyone in a position to care for severely disabled patients (as this kid was) and who are using feeding tubes should be competant in their use and be able to recognize problems related to that tube and act accordingly. Mistakes do happen but you also need to be aware when one has and handle the situation properly. These folks should NOT be delivering any kind of medical care as they clearly either don't care or are just plain stupid.

Posted by rebel123 on April 25, 2008 at 11:35 a.m. (Suggest removal)

Frankly, I think that neglect in a care facility that results in death is criminal negligence. If I had a family member in that facility I would indeed feel that they are safer with these two goobers in jail.

Posted by bugmenot on April 25, 2008 at 12:02 p.m. (Suggest removal)

rebel123, you would still put a family member in that facility?

Posted by AnnaWhaat on April 25, 2008 at 8:43 p.m. (Suggest removal)

bugmenot ,Yeah I think I would feel better. Lets put them in jail for awhile and just forget about them a few days. Forget to feed them and see how they feel. No, maybe I wouldn't , this may have been a pure accident which never should have happened!!! EVER! And this facility should be sued and these two individuals loose thier jobs.
Its just really sad and breaks my heart. As I have known this family for years. Jeremy was a great kid with a HUGE heart of gold. He loved to be active. He came from a great family. My heart truely goes out to them. I know he is in a better place.

Posted by justareader on April 26, 2008 at 8:44 p.m. (Suggest removal)

juli_mae: Exactly! A misplaced feeding tube does not result in imminent death. There had to be signs/symptoms that his health was deteriorating. Even if they somehow caused a perforation, the staff inserting the tube should have the knowledge to address any emergent situation. And if they are unsure, should have the proper backup and additional staff to help. They obviously either missed the 'clues' that something was wrong or made a conscious decision to not address them in a timely manner. They definitely deserve some sort of punitive measure and their licenses should be suspended if not revoked.

Posted by dmickey751 on April 28, 2008 at 2:35 p.m. (Suggest removal)

I knew Jeremiah and loved this young man he was a true gift to all of us that knew and loved him and his family. We lost a wonderful gift from God whey these two so called care givers did not do their jobs.

Yes he was hurt and had to live in this "care home" he was killed by this place because they did NOT do their job correctly plan and simple they did not do their jobs. The Ambulance driver said he was cold which means he had been dead for some time which means they had NOT done their job of checking on him even after they were told something looked wrong with his feeding tube.

THese two need to be in jail and not sure we should find the keys for years and years.

Posted by AnnaWhaat on April 28, 2008 at 6:32 p.m. (Suggest removal)

dmickey751, I also knew him and his family. They are great people. This is just not right the way he passed away!My Prayers are with everyone!

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