HENRICO COUNTY, Va. — The estate of Irvo Otieno has filed a $25 million lawsuit against HCA's Parham Doctors' Hospital. The complaint, filed in federal court just days before the two-year anniversary of Otieno's death, alleges the hospital failed to properly treat him, which led to a fatal chain of events.
It was March 3, 2023, when Otieno suffered a mental health crisis at his home, prompting a 911 call from a neighbor and a response from Henrico Police.
Officers placed him under an Emergency Custody Order, meaning he was determined to be unwilling or unable to seek treatment for his mental illness, and he was taken to Parham Doctors' Hospital.
That's where his mother, Caroline Ouko, believes everything went downhill.
“If they took care of Irvo, if they stabilized him, they could have mitigated the risk of him getting arrested and removed from the hospital," Ouko told CBS 6.
While at the facility, the complaint alleged he was issued a Temporary Detention Order, which would have required him to receive involuntary psychiatric treatment for up to 72 hours.
WATCH: Irvo Otieno experienced a mental health crisis. So why was he taken from the hospital to jail?
Health records described his behavior as "extremely angry, agitated, and bizarre" as well as "aggressive, combative, and uncooperative." The lawsuit stated a nurse characterized his behavior as a "psychosis episode."
But at some point, investigators said Otieno clawed, hit, and spit at a Henrico Police Officer at the hospital. Body camera video from inside a patient room appeared to show Otieno punch the officer.
According to a state inspection report, police then informed hospital staff they were charging him with assault and taking him to jail. However, Ouko said that was never mentioned to her.
All the while, she said she was waiting for hours in a reception area, asking to check on her son but not being allowed.
“A patient in a hospital is under the care of the hospital. If they advocated for Irvo, they could have kept him at the hospital. Did they advocate for him? I don't know," Ouko said.
WATCH: Irvo Otieno's mother is supporting legislation she thinks could have saved his life
Ultimately, an investigation by the Virginia Department of Health (VDH) found Otieno was never seen by a psychiatrist during his six hours at the hospital. It also found the medication staff used to attempt to control his behavior was not effective.
VDH concluded the facility violated federal law by failing to stabilize Otieno's emergency medical condition within its capabilities.
But Parham Doctors' Hospital disagreed. In a response to VDH's investigation, it said staff “provided appropriate stabilizing treatment but was not able to fully stabilize the patient because our care was interrupted by the intervention of Henrico County Police officers.”
“They cannot be finger-pointing and wanting to blame somebody else and not make meaningful changes," Ouko said.
While the new lawsuit mirrors some findings of the state inspection, it further alleged Otieno was never lawfully released from his TDO and accused HCA of negligence.
Following Otieno's removal from the hospital, he spent a weekend at a county jail, where his family claimed his condition further deteriorated. On March 6, 2023, he was transferred to Central State Hospital, a more secure public psychiatric facility.
There, Otieno died on the floor of an admissions suite while he was surrounded by Henrico Sheriff's deputies and state hospital employees.
WATCH: HCA creates plan of correction after Irvo Otieno's death
A medical examiner ruled his death a homicide due to the inability to breathe while being restrained, but that finding was heavily disputed in court as defense attorneys argued Otieno actually died of a sudden cardiac event.
Ultimately, none of the defendants, consisting of deputies and hospital workers, who were initially charged with murder in Otieno's death were ever convicted. Only one defendant's case was tried before a jury, and the jury found him not guilty. Charges against the other defendants were dropped.
The Otieno family and their previous lawyers already settled legal claims against Henrico County, the Henrico Sheriff, and the Commonwealth of Virginia for $8.5 million in a separate civil matter in 2023.
“Considering that matter is resolved, why is it now important for you to take this action against HCA?” reporter Tyler Layne asked.
“It’s about accountability. Accountability matters," Ouko said. “And if we can do something to make the hospitals think twice about when a patient walks through that door in a mental health crisis, that they will do their job to treat the patient and to stabilize them.”
In response to the complaint, attorney John Owen said the Parham Doctors' Hospital was "surprised and disappointed" at the lawsuit. He pointed to the facts of the case relating to Otieno assaulting a police officer at the hospital, the subsequent transfer to jail, the criminal charges that were dismissed, and the multi-million settlement the family already received.
Owen's full statement reads:
"We are in receipt of the Complaint filed on behalf of Irvo Otieno’s Estate. Due to patient privacy rights, Parham Doctors’ Hospital is unable to comment on a patient’s medical care and treatment. We are, however, able to comment upon publicly available information. Mr. Otieno was brought to Parham Doctors’ Hospital pursuant to an Emergency Custody Order on March 3, 2023. While at Parham Doctors’ Hospital, Mr. Otieno struck and injured a Henrico County Police Officer. This prompted Mr. Otieno’s arrest and removal from our facility on March 3, 2023. We are aware that Mr. Otieno was taken to the Henrico County Jail before being transported to Central State Hospital on March 6, 2023, where he later died. His death resulted in criminal charges, which we understand were dismissed in the Fall of 2024. The Estate also pursued civil claims against Henrico County, Henrico County Sherriff’s Office, and the Commonwealth of Virginia, which resolved for $8,500,000 in the Fall of 2023. Parham Doctor’s Hospital was surprised, and disappointed, to receive this lawsuit two years after Mr. Otieno was at our facility and stands behind the care and treatment its health care team provided to Mr. Otieno. To that end, we will appropriately defend our care providers while continuing to deliver the highest degree of patient care to our patients."
The estate of Otieno is being legally represented in this matter by attorney Paul Curley.
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