Bill Text: CT HJ00074 | 2017 | General Assembly | Introduced
Bill Title: Resolution Vacating The Decision Of The Claims Commissioner To Deny The Claim Against The State Of Marian O'shea, Executrix Of The Estate Of Michael O'shea.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-06-06 - On Consent Calendar / In Concurrence [HJ00074 Detail]
Download: Connecticut-2017-HJ00074-Introduced.html
General Assembly |
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January Session, 2017 |
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RESOLUTION VACATING THE DECISION OF THE CLAIMS COMMISSIONER TO DENY THE CLAIM AGAINST THE STATE OF MARIAN O'SHEA, EXECUTRIX OF THE ESTATE OF MICHAEL O'SHEA.
Resolved by this Assembly:
That the General Assembly finds that:
On February 15, 2011, the decedent, Michael O'Shea, with known, but managed medical conditions, entered the custody of the Department of Correction to serve a period of incarceration of one hundred twenty days. While in the custody and care of the Commissioner of Correction, Mr. O'Shea suffered a steady decline in health, and on April 17, 2011, died at Gaylord Hospital.
The claimant, on behalf of the decedent, alleges that the Department of Correction failed to ensure that the decedent received appropriate medical care and treatment, and as a proximate cause of the actions or omissions of department staff, Mr. O'Shea died.
Pursuant to section 18-81 of the general statutes, the Commissioner of Correction administers, coordinates and controls the operations of the Department of Correction and is responsible for the overall supervision and direction of all institutions, facilities and activities of the department.
There is a public purpose served by encouraging accountable state government through the provision of appropriate medical care and treatment to persons in the custody of a state agency.
NOW, THEREFORE BE IT RESOLVED, that after reviewing the decision of the Claims Commissioner, pursuant to subsection (c) of section 4-159 of the general statutes, the General Assembly deems authorization to institute and prosecute to final judgment an action against the state to be just and equitable and believes that the claimant has presented to the General Assembly issues of law and fact under which the state, were it a private person, could be liable; and
BE IT FURTHER RESOLVED, that the decision of the Claims Commissioner, file number 22825 of said commissioner, ordering the denial of the claim against the state in excess of twenty thousand dollars of the estate of Michael O'Shea, is vacated and the claimant is authorized to institute and prosecute to final judgment an action against the state to recover damages as compensation for injury to person or damage to property, or both, allegedly suffered by the claimant as set forth in said claim. Such action shall be brought not later than one year from the date of the final adoption by the General Assembly of this resolution.
JUD |
Joint Favorable Subst. |