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Two found not guilty of negligence

A jury on Friday found Chad Josef Medlin, 63, and Sandra Monterroso, 51, not guilty of criminal negligence involving the death of Jeremiah Allen of Fillmore nearly four years ago.

Prosecutors had maintained that Allen's death was a result of the criminal negligence of Monterroso, a licensed vocational nurse who inserted the wrong-size feeding tube into the comatose Fillmore man in 2004.

Medlin and Monterroso had each been charged with dependent adult abuse and neglect.

The lawyers for both defendants maintained that it was an accident that shouldn't have been brought to court.

"We are very pleased that they came back with a not guilty verdict because, frankly, from the beginning, we just didn't think this case belonged in a criminal court," said Medlin's lawyer, Louis "Chuck" Samonsky.

"For political reasons, this case was brought to court. I don't know what they were," said Monterroso's lawyer, Leonard Comden of Los Angeles. "I feel wonderful for my client, who is a dedicated, hardworking woman who has not been able to work because of this case."

The prosecutor, Deputy Attorney General Natasha Fagen, said after the jurors' verdicts that she was disappointed with the decisions.

"However, we are satisfied with the outcome, and we were just glad to have the opportunity to finally present this case to the jury," she said.

Fagen said state officials feel dependent adult and elder abuse is a very important and underreported issue.

"If nothing but bringing to light this issue is the only outcome that I have, at least I feel I have that as a positive one," said Fagen.

"The people would have never filed this case if they thought it was only an accident and did not rise to the level of conduct that we, in fact, charged."

Allen went into a coma when he was 19 after being injured in a 2003 surfing accident.

He was being treated at the CareMeridian Oxnard post-acute care center when he died.

Medlin is CareMeridian's nursing director and administrator, and Monterroso is a nurse there.

The state Attorney General's Office prosecuted the case because it handles complaints from the state Department of Health Services.

Allen died from peritonitis at CareMeridian hours after a feeding tube larger than prescribed by his doctor was inserted into his body in the wrong place, causing a tear and the onslaught of the disease, according to court testimony.

Peritonitis causes inflammation of the abdominal cavity lining.

Comden said the case was brought to court because of an overzealous, state-paid physician who looked at a set of facts that were incomplete and made a "bunch of conclusions."

"Sometimes, they get overzealous, and if I were the prosecutor at that point, I would have just dropped the case," Comden said.

Comments

Posted by AnnaWhaat on May 3, 2008 at 9:14 a.m. (Suggest removal)

I do not understand how you can not be found guilty of negligence if you put the wrong size feeding tube in a patient then what the doctor ordered?

Posted by anonymousreader on May 3, 2008 at 3:10 p.m. (Suggest removal)

According to treplaced with the correct part. The doctors orders were incorrect. The problem wasn't related to the size

Posted by AnnaWhaat on May 4, 2008 at 9:17 a.m. (Suggest removal)

I dont know but the article said the tube was the wrong size PLUS inserted incorrectly.

Posted by AnnaWhaat on May 5, 2008 at 6:07 a.m. (Suggest removal)

Allen died from peritonitis at CareMeridian hours after a feeding tube larger than prescribed by his doctor was inserted into his body in the wrong place, causing a tear and the onslaught of the disease, according to court testimony.

From the above article.

Posted by anonymousreader on May 5, 2008 at 7:42 p.m. (Suggest removal)

My last comment on this article:
If you choose to place your belief in a single article, rather than a jury decision following the full court room testimony, that is your choice.

Note that there are many more statements from the prosecution than the defense. I would wonder why?

A lot of prosecution's case was based on the allegation that the replaced tube was larger than the original, but this was later proven (by the prosecutor's own witnesses) that this was incorrect, and that the replaced tube was the same size as the original.

Posted by AnnaWhaat on May 7, 2008 at 7:10 a.m. (Suggest removal)

anonymousreader , I never read that was proven by the courts. So I will no longer be judgemental upon this case.
I am so sad to see his life end. God Bless his family and may his spirit always live on.

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