BROWN092207

Wrongful-death lawsuit is settled

Mille Lacs County will pay $700,000 in the death of Brandon Brown, who pleaded with jail staff to see a doctor.

By Dan Browning, Star Tribune

Last update: September 21, 2007 - 11:40 PM

Mille Lacs County has agreed to pay $700,000 to settle a federal wrongful-death lawsuit involving an 18-year-old man whose pleas for medical care were rebuffed by jail employees for three days.

Brandon Brown suffered a head injury when he lost control of his mother's car and ran off the road on Nov. 25, 2005. He was arrested at his grandmother's house on an unrelated warrant and jailed.

For days, he pleaded with Mille Lacs County jail employees to let him see a doctor. But by the time they relented, it was too late, according to the lawsuit filed in U.S. District Court in Minneapolis. Brown died of acute bacterial meningitis associated with a skull fracture from the accident.

Dawn Brown, 41, of Brainerd, sued the county and several jail employees, saying they deprived her son of his civil rights by rebuffing his demands for treatment. She could not be reached Friday for comment.

Brown's lawyers filed a motion Friday asking U.S. District Judge Michael J. Davis to approve the settlement distribution. Forty percent of the money would go to Robins, Kaplan, Miller & Ciresi, the lawyers who represented Brown's survivors. The balance, minus legal expenses, would be paid to Dawn Brown and two of Brandon Brown's siblings, both 15.

Jon K. Iverson, whose Bloomington law firm represented Mille Lacs County, said the county admitted no fault in the settlement.

He noted that the $700,000 bill included all costs and attorneys' fees, "which can be hundreds of thousands of dollars in cases like this."

Vincent Moccio, an attorney for Brown's survivors, said while it's true that the county admitted no liability, "they did pay a settlement, so you can take from that what you will."

Moccio said the family members wanted to resolve the matter and get on with their lives.

"I think in fairness, everybody is sorry that this happened and we're just hoping this ... will lead to some changes in jail policy," Moccio said. "Not just in Mille Lacs -- but that it will put jailers generally on notice that when there's somebody with an acute medical condition, they are entitled ... to get the treatment that they need."

Dan Browning • 612-673-4493

Dan Browning • dbrowning@startribune.com