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Settlement in case of inmate whose fatal illness went undiagnosed at Nassau County jail

Published 10 hours ago2 minute read

Nassau County Correctional Center on Friday settled an eight-year-old civil case brought by the estate of inmate Emanuel McElveen, whose fatal cancer diagnosis went undetected by jail doctors.

"After extensive litigation, we were pleased to resolve this matter on behalf of Mr. McElveen’s family and bring them some measure of justice," said attorney Gerard Ryan, who represents the Nassau County Public Administrator.

Ryan and Nassau County jail officials refused to disclose the amount of the settlement.

The administrator’s office brought the case on behalf of McElveen’s son, Emir, who was born three months before his father’s death. McElveen's family could not be reached Friday.

McElveen died on July 5, 2016, from the spread of lymphoma throughout his organs and AIDS, according to his death certificate, after doctors with Armor Correctional Health Services, then under contract with the county, failed to properly treat him, according to a state Commission of Correction report.

"It was treatable and curable," Nicholas Warywoda, the attorney for McElveen’s son, told Newsday after the suit was filed. "He ended up dying because they kept trying to attribute the symptoms to malnutrition instead of cancer, which should have been apparent to a competent physician."

Warywoda did not respond to calls and emails seeking comment on the settlement.

Armor, which was based in Miami, liquidated its assets last year under a deal with its creditors. The company owed more than $1.4 million in secured debt for payroll and employee expenses and more than $153 million in unsecured debt to subcontractors and medical service providers.

The company also owed $12 million in verdicts and settlements for more than 100 lawsuits brought against the company by inmates in Nassau County and across the country, according to court records.

The New York State attorney general sued Armor in July 2016, days after McElveen’s death, over improper medical care for the dozen inmates who had died in the lockup since the company took over health care for the facility in 2011.

As part of the settlement in that case, the company agreed not to do business in New York. Armor did not respond to a request for comment.

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