An Armor attorney disagreed with the jury saying they did not understand an instruction, unfairly awarding compensatory damages two times for pain and suffering. Mr. Warywoda noted that the jury may have considered pain and suffering from drug withdrawal and from the suicide. U.S. District Court Judge Joanna Seybert ordered both attorneys to submit papers on the issue, according to Newsday.
Sergeant family alleged Armor subjected the former Marine to cruel and unusual punishment under the Eighth Amendment and negligence for how Armor medical personnel treated him. An oversight agency found an Armor psychiatrist inadequately assessed Sergeant mental health hours before he died. It took 18 hours after his admission for a psychiatrist to see him, according to Mr. Warywoda who said the doctor did not diagnose or prescribe medication for Sergeant mental disorders. He died six hours later.
“Although the firm is saddened by the unnecessary death of Sergeant , Parker Waichman is pleased that justice was served,” said Keith Gitman, Managing Attorney at Parker Waichman. “To be treated in this manner is unacceptable, but that Sergeant fought for our country and was treated this way is appalling.”
Parker Waichman LLP
USMC Life contributed to the article