Case: People of the State of New York v. Armor Correctional Health Medical Services of NY

INDEX NO. 450835/2016 | New York state trial court

Filed Date: July 11, 2016

Closed Date: 2019

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Case Summary

On July 11, 2016, the New York Attorney General, Eric Schneiderman, filed this lawsuit in the New York County Supreme Court on behalf of the people of New York. The plaintiff sued Armor Correctional Health Medical Services (“Armor”) under the New York False Claims Act §§ 189(1)(a) and (b), and also alleging that the defendant committed breach of contract and fraud. The plaintiff sought declaratory relief, damages, attorneys’ fees, a permanent injunction barring the defendant from bidding on fut…

On July 11, 2016, the New York Attorney General, Eric Schneiderman, filed this lawsuit in the New York County Supreme Court on behalf of the people of New York. The plaintiff sued Armor Correctional Health Medical Services (“Armor”) under the New York False Claims Act §§ 189(1)(a) and (b), and also alleging that the defendant committed breach of contract and fraud. The plaintiff sought declaratory relief, damages, attorneys’ fees, a permanent injunction barring the defendant from bidding on future health services contracts in New York or engaging in the allegedly fraudulent actions, and an independent monitor to oversee compliance with the current contract. Judge Arlene Bluth was assigned to the case.

Armor has contracted to provide health care services to inmates at the Nassau County Correctional Center since June 2011, and at Niagara County’s jail from December 2012 through October 2015. From 2011 through July 2016, fourteen total deaths occurred at these two facilities, multiple of which were found to be due to inadequate health care. The New York State Commission of Correction’s Medical Review Board found egregious lapses in medical care in seven of the fourteen deaths. A later investigation by the New York Attorney General’s office found that Armor had not met its contractual obligations to Nassau County as evidenced by the following: inadequate self-assessments (or “self-audits”) and inadequate continuous quality improvement processes that would ensure quality of healthcare services; deficient sick call procedures; failure to provide access to medications; inadequate diagnostic services; deficient mental health services; inadequate referrals to specialists; failure to maintain (i) its equipment and (ii) accurate and complete medical records; and inadequate staffing.

On October 4, 2016, the parties proposed a settlement agreement agreement to the court. Armor agreed to no longer seek new contracts in New York for three years and to pay the New York Attorney General’s office $350,000 ($250,000 of which will be distributed to Nassau County as reimbursement for Armor’s contractual obligations). After Judge Bluth approved the settlement agreement, the case was dismissed with prejudice. The case is now closed.

Summary Authors

Justin Hill (2/8/2020)

People


Attorney for Plaintiff

Caldwell-Brown, Dorothea (New York)

Chesler, Elizabeth R. (New York)

Landau, Lisa (New York)

Schneiderman, Eric T. (New York)

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Documents in the Clearinghouse

Document

INDEX NO. 450835/2016

Docket

New York state supreme court

Dec. 10, 2019

Dec. 10, 2019

Docket

INDEX NO. 450835/2016

Memorandum of Law [in support of the verified petition]

July 11, 2016

July 11, 2016

Pleading / Motion / Brief

INDEX NO. 450835/2016

Complaint

July 11, 2016

July 11, 2016

Complaint

INDEX NO. 450835/2016

Press Release [regarding announcement of lawsuit]

July 12, 2016

July 12, 2016

Press Release

INDEX NO. 450835/2016

Stipulation of Settlement and Discontinuance

New York state supreme court

Oct. 5, 2016

Oct. 5, 2016

Settlement Agreement

Docket

Last updated Dec. 17, 2024, 5:57 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 11, 2016

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the Attorney General of New York.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Armor Correctional Health Medical Services (Miami), Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 350000

Order Duration: 2016 - 2019

Issues

General/Misc.:

Incident/accident reporting & investigations

Record-keeping

Staff (number, training, qualifications, wages)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general