Convicted murderer files $475,000 lawsuit over tooth removal
A convicted murderer is suing the Attorney-General for almost half a million dollars over a tooth extraction he claims went badly wrong.
Darrion Simons, who is serving a life sentence at Westgate Correctional Facility for the 2011 murder of David Clarke, is representing himself in the civil lawsuit for $475,000 in damages, which was filed last month in the Supreme Court.
While the Ministry of Justice could not comment on the specific case, a spokeswoman said a health needs assessment was under way for inmates, with additional resources coming next month.
Court papers detail Simons’s allegation that a 2021 tooth extraction arranged by the Department of Corrections and/or the Government of Bermuda was “performed negligently and/or without the reasonable skill and care expected of a competent dental practitioner and that, as a consequence, he sustained serious injury to the nerves of his mouth and/or tongue”.
He claimed it left him with injuries including a complete loss of taste, nerve damage, severe pain that was “at times unbearable” and interference with eating.
Simons, who was 21 when sentenced in 2014, alleged medical negligence, breach of duty and continuing negligent medical management, claiming damages for personal injuries, pain, suffering, loss of amenity and future medical treatment.
“The plaintiff requires independent assessment by an appropriately qualified oral and maxillofacial surgeon and/or specialist experienced in lingual and oral nerve injury, together with such neurological, ENT, pain management and sensory testing as may be medically indicated,” stated the writ of summons.
It said Simons sought $175,000 in general damages and $300,000 for future care and treatment.
A spokeswoman said the Ministry of Justice was aware of legal proceedings over allegations relating to dental treatment for a Westgate inmate.
She added: “As this matter is now before the courts, it would be inappropriate for the ministry to comment on the specific allegations.
“As it relates to inmate welfare generally, the ministry takes its responsibilities concerning the welfare and care of persons in its custody seriously. A health needs assessment is under way, with resources from the UK scheduled to visit the island in November to assist with that review.
“Additionally, the Department of Corrections is entering into agreements with local physicians to broaden the scope of care and efficiency of health services.
“In relation to the BEJI statement, the ministry agrees on the need to update relevant pieces of legislation. The Criminal Code of 1907 and the Young Offenders Act of 1951 are but two examples.
“The Ministry of Justice therefore welcomes the opportunity to continue to collaborate with BEJI and to specifically progress the review and updating of the Prisons Act 1979 and the Prison Rules 1980.”
The Bermuda Equal Justice Initiative alleged the case was “not an isolated occurrence” and “points to a wider challenge that deserves our collective attention”.
It said it was aware of Westgate “inmates who have raised a plethora of medical concerns that have gone unaddressed for months and, in some instances, years”.
The pressure group claimed in a statement: “Conditions are clinically confirmed and left untreated. Prescribed diets go unmet while departments argue over whose budget should pay for a meal.
“Men cannot see their own medical records, and so cannot understand their own diagnosis or advocate for their own care.”
It added: “An inmate’s right of access to his own medical records is of paramount consideration.”
The BEJI urged Kim Wilkerson, the Attorney-General and Minister of Justice, to review the Prison Rules 1980, which predate the Personal Information Protection Act 2016 and the United Nations Nelson Mandela Rules, which “require that prisoners enjoy the same standard of healthcare available in the community and have access to their own medical files on request”.
The statement said: “BEJI will continue to work with the Ministry of Justice, the Department of Corrections, the Treatment of Offenders Board and the Ombudsman to ensure conditions in the island’s prisons meet a standard of which Bermuda can be proud.
“There is much work to be done, not only on the buildings, but on the culture of how inmates are treated and on their access to timely medical care and we believe that work is achievable.”
The Ministry of Justice said this week, in relation to a separate lawsuit from a Westgate inmate, that the Government “takes its responsibilities concerning the welfare and care of persons in its custody seriously”.
• To read the writ of summons, see Related Media
• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers
