County Asked for Millions in Claim Over Ear Injury : Ex-Prisoner Says Treatment Inadequate

An Oceanside man who said he suffered serious hearing problems because of inadequate medical treatment he received while in a county detention facility filed an $8.8-million claim against the county Monday.

Donald Trotter, 28, claims the lack of proper and timely medical assistance from Camp Descanso personnel forced him to undergo surgery and that he has been left without hearing in his right ear and 30% to 40% loss in his left ear. He also claims he is suffering from vertigo, or loss of balance.

The claim has been filed against the County of San Diego, the Board of Supervisors and the Sheriff’s Department.

Trotter was arrested in early April and charged with causing an injury while driving under the influence of alcohol. He was held in Camp Descanso awaiting a trial scheduled for June 9.

Starting in mid-May Trotter complained to the detention facility’s personnel about earaches, headaches and dizziness, said his attorneys, Daniel V. Burke and Herbert J. Weston “At times he was treated, but most of the time the jail deputies told him to go back to his cell,” Weston said.

Misdiagnosis Claimed

The attorney claims the medical personnel at the facility misdiagnosed the severity of Trotter’s condition and did not provide him with sufficient quantities of an antibiotic to kill the infection. In addition, Weston alleges a sheriff’s deputy once gave Trotter medication that was prescribed for another inmate.

“All this is a growing problem of too many inmates and not enough people to take care of them,” Weston said. “The personnel at the facility are overworked and overburdened. And their mistakes hurt people like my client.”

“The pain had become substantial . . . , “ Trotter said. “But one of the problems was I don’t think anybody there took me seriously.”

After a week and a half of enduring excruciating pain, Trotter collapsed from infection on the weekend of May 23, Weston said.

According to his attorney, Trotter was first taken to the central downtown detention facility, then sent to UC San Diego Medical Center.

“Considering his condition, he should have been taken immediately to a hospital, but because of procedure was sent downtown first,” Weston said.

Trotter underwent surgery on May 27, which has left him with permanent hearing disabilities.

Surgery Called Antiquated

“The doctor who operated on him said the type of surgery our client underwent is antiquated,” Burke said. “Our client was only suffering from a minor earache, something that could have been easily cured with proper antibiotics. Now he has to go through another operation to see if they can alleviate the vertigo,” he said.

Trotter was physically unable to face trial on June 9 and his case is still unresolved.

County officials declined to comment Monday on Trotter’s allegations.

“The claims division of the county counsel will evaluate the claim on the respect of its merits and then determine whether the claim should be denied or granted in whole, or in part,” County Counsel Lloyd Harmon said.

Harmon said the county has 45 days to grant or deny a claim. If no action is taken at that time, the claimant can file a civil lawsuit, which Trotter’s attorneys have said they will do.

Sgt. Roger Jacobs, a watch commander at Camp Descanso, said he was not familiar with Trotter or his allegations. But he said all inmates are able to receive proper medical attention.

“Anybody who is not feeling well has plenty of opportunity to place himself on the sick list,” Jacobs said. He said such a list is issued every day.

“No one is denied medical attention,” he said. “Whether the person is just not feeling well, or if he’s got a broken bone, or if it’s a serious emergency, we will get him the proper attention he needs. And in a case of serious nature we will call an ambulance, ask for a helicopter and send him to the nearest hospital.”