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The private hospital where Irvo Otieno was taken days before his death at a different, state-run facility has turned over records to a nonprofit investigating his treatment while in custody, short-circuiting a lawsuit over the materials.
The disAbility Law Center on Monday requested to withdraw the lawsuit it had filed in Richmond federal court against Parham Doctors’ Hospital, saying the records the hospital was withholding had since arrived in the mail.
Otieno, a 28-year-old Black man, was restrained by the hands and legs when Henrico County sheriff’s deputies and staff at Central State Hospital piled on him for 11 minutes. The medical examiner ruled his March 6 death a homicide by asphyxiation. Otieno’s familyA grand jury in Dinwiddie County has indicted seven deputies and three hospital workers on second-degree murder charges. The disAbility Law Center of Virginia is conducting an independent investigation of Otieno’s death and the events leading to it, according to Executive Director Colleen Miller.Last week, the nonprofit group sued Parham Doctors’ Hospital — where Otieno was initially taken by police on March 3 for an emergency mental health hold — alleging the hospital had “failed to produce” video, incident reports, medication logs, medical notes and other records related to Otieno’s stay there. Otieno was charged with assaulting police and other offenses while he was at Parham, leading authorities to take him to the Henrico County jail. Otieno ultimately was taken to Central State Hospital days later. Under Virginia law, the disAbility Law Center is designated to “protect and advocate for the rights of persons with mental, cognitive, sensory, physical, or other disabilities.” Federal laws give the center the authority to seek medical records while investigating incidents of abuse and neglect in the mental health-care system. “It looks to us like they mailed the information on April 17, but never responded to us otherwise,” Miller said Tuesday. “We made repeated requests to inquire if they intended to comply, and they did not respond.” Pryor Green, a spokeswoman for the hospital, said: “Parham Doctors’ Hospital became aware of a lawsuit on April 20, 2023. However, we had already responded to the request for information on April 17, 2023, prior to the lawsuit being filed. The DisAbility Law Center confirmed receipt of the requested records on April 21, 2023.”
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