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Family of N.Y. inmate who died by suicide sues county, medical provider

NaphCare disputed the investigation findings but agreed to pay the larger part of a $650,000 settlement

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By Tim Knauss
syracuse.com

SYRACUSE, N.Y. – Onondaga County and the company that provided medical care at the jail plan to pay a combined $750,000 to the family of , a 27-year-old who died of suicide in the jail.

County lawmakers are expected to vote Thursday on the proposed legal settlement, under which the county would pay $100,000. NaphCare Inc., the former medical provider, has agreed to pay $650,000, county officials said.

A concluded that Peng received inadequate medical care while she was in the Justice Center jail in 2021. She hanged herself with a bedsheet while undergoing intense withdrawal from the powerful opioid fentanyl.

“There were deficiencies and failures to respond by NaphCare medical staff during Peng’s incarceration,’’ according to a 2022 report by the state Commission of Correction, which investigates and oversees correctional facilities.

NaphCare officials disputed the commission’s findings. However, the company has agreed to pay the largest part of the legal settlement with Peng’s family, who filed a wrongful death lawsuit two years ago in federal court.

Lawyers for NaphCare did not immediately respond to a request for comment.

County officials have declined to comment on details of the case other than to say the $100,000 payment is less than what it would cost to try the lawsuit.

“That’s why we did it, said Bob Durr, the county attorney.

In filed in November 2022, Peng’s family said jail officials showed “deliberate indifference’’ to Peng’s struggles with drug withdrawal and mental health issues. Based on her physical suffering and her history of suicide attempts, jail officials failed to properly monitor Peng, the lawsuit said.

Family members could not be reached for comment.

Peng was on probation for DWI when she was jailed for violating probation, after being charged with misdemeanor petit larceny and criminal trespass.

She had a long history of abusing heroin and other drugs, according to the Commission of Correction report. Her probation records also indicated she had made previous suicide attempts.

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A day after being locked up at the Justice Center, Peng became severely ill while detoxing from fentanyl and methamphetamines, according to the commission’s report.

A deputy on rounds discovered Peng lying on the floor of her cell, surrounded by vomit and diarrhea. She had to be shaken awake. Minutes later, she collapsed to the floor again, frothing at the mouth. A nurse called for an ambulance to take Peng to the hospital.

After being treated in the emergency room, Peng was returned to the jail the next morning. That evening, a deputy discovered her vomiting in her cell again and called for a nurse. By the time a deputy and two nurses returned to her cell, several minutes later, they found Peng lying on the floor with a bedsheet secured to the back of the toilet and tied around her neck.

Deputies cut away the sheet and performed chest compressions, but Peng died from her injuries three days later at Upstate University Hospital.

Among other criticisms of Peng’s medical care, the Commission of Correction report said Peng should have been evaluated by a mental health professional and placed under increased supervision after her return from the emergency room.

NaphCare was replaced as the jail medical provider in January 2023, after the company declined to submit a bid to renew its contract. Wellpath replaced NaphCare. Earlier this month, and hired CFG Health Systems to provide jail medical services.

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