Parent files lawsuit against Houston County Sheriff Deputies, medical employees after son dies in 2023

MACON – A parent is suing medical provider CorrectHealth and Deputies with the Houston County Sheriff’s Office for multiple counts of negligence, a lawsuit filed in the U.S. District Court Middle District said.

On April 3, 2023, a Houston County Sheriff’s Deputy responded to a report of a fight between a group of young men. According to the lawsuit, the men were fighting on the side of the road.

The deputy’s investigation revealed the incident began as horseplay between the victim, Braxton Gilpin, and his foster brothers. However, the horseplay escalated into a fight. The lawsuit says during the altercation, Gilpin was struck above the right eye and temporarily lost consciousness. The incident occurred on the evening before Gilpin’s 18th birthday. He was a white male with Hemophilia B, a medical condition that affects blood clotting and makes sufferers more likely to experience bleeding episodes, the lawsuit says. 

Gilpin was arrested and transported to the Houston County Detention Center after the fight.

At approximately 8:30 p.m. that evening, Deputy Brittany Beckmann with the Houston County Sheriff’s Office performed Gilpin’s initial intake at the jail. Beckmann observed he seemed normal. She documented that he had standard skin color and exhibited no signs of slurred speech, sweating, shaking, or noticeable intoxication. Beckmann noted Gilpin’s Hemophilia in the medical history portion of his intake documents. 

After the initial intake process, Gilpin was transferred for a medical intake receiving screen, a physical assessment and a tuberculosis screen. The assessments were conducted by defendant Kimberly Nichols, a nurse employed by CorrectHealth. Nichols would have had access to Gilpin’s intake documents where his history of Hemophilia was documented and where she knew or should have known he had Hemophilia, according to the lawsuit.

The intake receiving screen notes Gilpin did not use tobacco, drugs or alcohol and did not have issues with drug withdrawal. Gilpin’s allergy to blood thinners is noted in the intake receiving screen, the physical assessment and the tuberculosis screen documents.

Gilpin told Nichols he had been involved in a fight; he punched someone, and he was punched in the head. He reported to Nichols his right wrist and middle finger hurt from punching another person. Nichols scheduled him for an appointment with a Nurse Practitioner or Physician’s Assistant the next day.

The lawsuit says CorrectHealth employees knew or should have known Gilpin was involved in a fight, and he was hit in the head since he told at least one employee of CorrectHealth. After the intake screening, he was released to general population and placed in a cell.

According to the lawsuit, at approximately 3:30 a.m. on April 4, his cellmate said Gilpin began vomiting in his cell. The lawsuit said it remains unclear if the cellmate alerted deputies or any medical personnel to Gilpin’s condition before Deputy Rodney Ross was notified at 6:50 a.m.

The lawsuit said bodycam footage shows Gilpin found face down on the floor of the cell, unresponsive. His cellmate told Ross that Gilpin reported somebody had knocked him out. Ross responded, “Oh,” according to the lawsuit. Deputy Zachariah Filipovich responded to the cell thereafter.

Filipovich forcefully dragged Gilpin toward the center of the cell. The lawsuit said he was clearly in a severely altered mental state, could not sit up on his own and fell over. He did not respond to questions Filipovich asked. According to the lawsuit, any reasonable person would have concluded Gilpin was suffering a medical emergency.

CorrectHealth Licensed Practical Nurses Anne Vissage and Stacy Danley arrived at the cell. After noticing his left fist was locked in a clinched position and could not sit up unassisted, Vissage said it would help to know how Gilpin was when he came in. Nobody responded knowing anything about it.

Vissage and Danley attempted to assess Gilpin’s vital signs but had difficulty due to his involuntary movements. Filipovich and Ross had to physically hold up Gilpin for the nurses to check his vitals. According to the lawsuit, it does not appear Vissage or Danley recorded the vitals they obtained.

After taking Gilpin’s blood pressure, the lawsuit said Vissage said, “It’s not the best reading, but it’s not critical.” Afterward, Vissage asked Ross and Filipovich, “What do y’all want me to do?” The plan was then made to clear a room for Gilpin in the infirmary. 

Deputies alerted Vissage after noticing a raised area on Gilpin’s right temple, indicating clear head trauma. She then reentered the cell and acknowledged she knew he was hit in the head.

Vissage proceeded to check Gilpin’s right pupil. Ross noted his pupils were open, while Vissage observed they did not dilate when she shined her light into them. According to the lawsuit, this is a clear indication of head trauma. The lawsuit also said no defendants had any information Gilpin would receive medical care.

At approximately 7:14 a.m. Filipovich and Deputy Kyle Boerger escorted Gilpin to the infirmary with Vissage behind. He was unable to walk unassisted, and the two deputies supported and dragged him as he struggled to walk.

He was placed in a cell in the medical unit and was supposed to be observed every 15 minutes. The lawsuit says he remained in the cell without medical care or medical monitoring for the next three hours in a severely altered mental status, showing clear signs of a serious medical condition needing immediate medical attention.

CorrectHealth Licensed Practical Nurses Janette West and Lisa Barwick were then assigned to the medical unit. Upon Gilpin’s arrival, they were made aware of his medical history. Despite this knowledge, they did nothing to provide him with medical care or monitoring for the next three hours. At most, he was visually observed by a deputy during routine cell checks, according to the lawsuit.

At approximately 10:15 a.m., Deputy Michael Fritz informed West Gilpin would have short periods of heavy breathing followed by quiet periods. West then checked his vitals and found him unresponsive to verbal stimuli and physical stimuli of sternal rubs. 

Emergency Medical Services was called at approximately 10:16 a.m., and medical staff at the jail administered Narcan to Gilpin while waiting for EMS; even though they had no information, Gilpin had a history of drug use. The lawsuit says before Narcan was given, West stated she thought Gilpin could have a head injury. Before this, she knew he had a head injury.

At approximately 10:29 a.m. EMS transported Gilpin from the Houston County Detention Center to the hospital. He was declared brain-dead on April 6, 2023, at approximately 10:15 a.m. According to the lawsuit, his official time of death was recorded at 3:06 a.m. on April 7, 2023. Gilpin’s cause of death was determined to be a brain bleed.

CorrectHealth medical personnel Vissage, Danley, West, Barwick and Nichols are facing one count of state negligence and a count for failure to provide medical treatment to Gilpin. 

Additionally, the Houston County Sheriff’s Office Deputies Ross, Filipovich and Boerger are facing two counts of state negligence. According to the lawsuit, a trial by jury is demanded.