The widow of a Wyoming man who died in 2022 is suing St. John’s Health and some of the Jackson hospital’s contractors and doctors, alleging the treatment he received was grossly inadequate due to his uninsured and undocumented status.
In one of the wealthiest areas in the nation, the federal suit hinges on how the area’s hospital treats some of its poorest residents.
“The betrayal and breach by Defendants of their constitutional, statutory, and ethical duties to Mr. Perez was the direct and proximate cause of his horrific, tragic, and untimely death,” the suit filed July 19 in U.S. District Court for Wyoming claims. “Because of Defendants’ actions and inaction, his two young children will grow up without their father and his wife is bereft of her life partner.”
St. John’s Health didn’t return calls for comment, but defendants are expected to respond to the filings’ claims soon.
Ociel Ponce Perez moved to Jackson in 1999, according to the suit, working as a carpenter and later raising two kids with his wife, Silvia Ruth Perez, who also goes by Silvia Ruth Sahino Cano in the filing. He was generous and big-hearted, the suit states, and an active member of Mountain View Baptist Church.
“For decades, he worked hard as a carpenter in construction to support his family, and though he was ultimately an undocumented resident of Jackson, he paid his taxes on the money he made from his strenuous and productive labors,” the filings state. “Mr. Perez loved the mountains of western Wyoming, which he had made his home, and he frequently took his family skiing in the winter and hiking in the summer.”
On July 30, 2022, the 47-year-old Perez went to a local urgent care clinic, which then sent him to the ER at St. John’s Health over an “extremely painful” and dangerous rectal abscess.
Perez had a CT scan at the hospital, received opioid painkillers and the doctors drained the abscess, sending him home with antibiotics.
But these actions were dangerously inadequate, the filing alleges, stating that doctors initially misdiagnosed the type of abscess, missed early signs of gangrene in the CT scan, didn’t consider increased risks from pre-diabetes, released him without proper stabilization or clear follow-up instructions, and ultimately didn’t do near enough to save Perez’s life.
“Because of Defendants’ actions and inaction, his two young children will grow up without their father and his wife is bereft of her life partner.”
Lawsuit over Ociel Ponce Perez’s death
Over the next five days, Perez’s conditions significantly worsened. He visited a doctor, who again sent him to the ER. He had progressed Fournier’s gangrene (a flesh-eating infection), hyponatremia, diabetic ketoacidosis and other major health concerns. He was flown to the Eastern Idaho Regional Medical Center Burn Unit in Idaho Falls, dying the next day before he could be transferred to an even higher level of care in Salt Lake City.
Beyond individual negligence or an accident, the suit claims these actions are part of the hospital’s customs, policies, practices and training in how to deal with patients who are undocumented and uninsured.
“Had such conduct not been customary and pursuant to approved policy and practice, the Defendant [St. John’s Health] would have taken disciplinary or ameliorative action, which they did not,” the filings states.
The action of “dumping” Perez out of the hospital without sufficient stabilization or medical attention is a violation of the Emergency Medical Treatment and Labor Act, the suit alleges. That act requires hospitals with ERs to stabilize and treat patients with medical emergencies, regardless of their ability to pay.
The hospital staff’s actions also violate Wyoming laws and the 14th Amendment to the U.S. Constitution, filings say.
“Mr. Perez had a clearly established Fourteenth Amendment right not to be treated differently and worse because of his citizenship status,” the suit says.
Skip Jacobson, one of the attorneys on the case, said this suit was filed after unsuccessful attempts to handle the matter outside the courtroom.
Publishing only the plaintiffs case is lazy journalism and I expect more from WyoFile.
So sorry for the family. I agree with Larry Skow. Seems he had other health issues that also contributed to his death. The doctors were not negligent as they were transferring him to a different hospital. He was on anibiotics. I had heart surgery and my incision got infected after being home for 3 months. Five months later it got infected again. Does that mean I can sue the doctors for negligence. I didn’t die but very well could have if the infection had gone to my breast bone. People are too much “sue happy” and after an easy support.
Sorry about his bad luck. But it not up to taxpayers to pay for his medical bills. This should all be covered by democrats/or politicians not regular hard working citizens. If we vist other countries it is up to us to make sure our health insurance covers us while there
Please note that immigrants are the labor engine in Jackson. Documented or undocumented they do the work in that town. This man lived and worked in Jackson for twenty five years. Did he deserve substandard medical care because he was uninsured? Does anyone?
They affluent community sees the blue-collar workers as a cog in their economy not as human beings. Used to be otherwise.
I have no idea if he received appropriate medical care but it would surprise me to hear that St. John’s discriminated against this individual in any way. Much of their “low-skill” staff are immigrants. And they help many immigrants without insurance. As for “substandard medical care”, that’s not uncommon for any poor person.
As far as immigrants and their offspring being the labor engine in Jackson, that’s mostly true because, for decades, employers refused to compete for American labor. And the community refused to build appropriate housing for the majority of workers (apartments with density). Today, it’s still shortchanging immigrants in regards to public policy and they’ll be kicked out of the community at some point by gentrification, old age or whatever. That’s the ongoing crime.
Nicky. Being in the state 25 years he is no longer an immigrant. He like all of us could have signed up for Obama Care. I sorry I don’t see a lawsuit here. Hard to tell what caused his rectal issues. But he is responsible for his own health. Obama care was available. But being in USA for 25 years makes him no immigrant
2023 on NPR:
“Eleven states and Washington, D.C., together provide full health insurance coverage to more than 1 million low-income immigrants regardless of their legal status, according to state data compiled by KFF Health News. Most aren’t authorized to live in the U.S., state officials say.”
But not in Wyoming.
Care is still provided as the law requires it:
NPR: “All states pay hospitals to provide emergency services to some unauthorized residents in emergency rooms, a program known as Emergency Medicaid. Immigrants lacking authorization are ineligible for federal health programs. But states can use their own money to provide coverage through Medicaid, the state-federal insurance program for low-income people.
Healthcare.gov website clearly says he was not eligible for Obamacare coverage:
https://www.healthcare.gov/immigrants/immigration-status/
Actually, that’s not always true. Many European countries have universal Healthcare, paid for by everybody. And many times they extend care to visitors and travelers, insured or not. He should have been treated for his illness regardless of his status. He was a human being and a contributing member of that community. This is a shame, and shows a lack of humanity and compassion. We should strive to do better. We don’t want a pay to play situation, where only the wealthy can afford health care. Don’t think it could happen? Take a look at the home insurance industry running from high claim states.