CHARLESTON, W.Va. — A Kanawha County circuit judge says she’ll decide at a later date if the state’s health care provider for jail inmates was in contempt of court by not abiding by an order calling for a surgery for an inmate.
Judge Maryclaire Akers held a hearing Thursday in the case of Edriene Sutton.
Sutton, 25, has a colostomy bag and has been requesting a reversal surgery since last summer. Akers entered a medical order last fall for the procedure to take place but testimony Thursday highlighted a number of delays until Akers entered a show cause order on the state Division of Corrections and Rehabilitation last week. Jail medical officials scheduled an appointment at CAMC for Sutton the next day.
Akers said it doesn’t appear to be an coincidence.
“Now all of the sudden she’s going to these appointments and getting these scans? That’s a coincidence?”
Akers was considering a possible contempt of court during Thursday’s hearing.
Akers told DCR attorney Jodi Tyler the state didn’t respond to the original order and during that time Sutton was subject to, if the assertions are true, “very troubling medical care.”
Sutton has claimed the South Central Regional Jail ran out of colostomy bags and she had to clean out old ones and keep using them. She also said she had several infections. A representative of Wexford Health, which contracts with the state to handle health care at jails and prisons, testified there were more than enough bags at the jail. Autumn Blair also testified she was waiting on higher ups in the organization to okay the reversal surgery. She said Sutton’s doctor at CAMC said she didn’t have to have it. It was termed elective surgery.
Akers said she doesn’t think the jail was in contempt concerning last fall’s original order but it doesn’t look good.
“I believe that South Central (Regional Jail) could be imputed with contempt because of the actions of Wexford,” Akers said.
Sutton’s attorney Joey Spano said he believes his client will now get the procedure.
“She will get the medical treatment she needs at this point,” he said.
Spano said he believes Wexford dragged its feet because the surgery was termed as elective and it’s an expensive procedure.
“But it was medically necessary because of the problems she addressed to the court with the infections and the serious issues she was having with the colostomy bag,” Spano said.
Akers is expected to make a decision on the show cause order at a later date.
Sutton pleaded guilty last week to two counts of DUI causing death before Akers. Prosecutors are seeking a 3-15 prison term on each count with the sentences to run concurrently Sentencing is scheduled for May.