Utah mother sues Department of Corrections for her son's alleged wrongful death while incarcerated

SALT LAKE CITY — The mother of a man who died in 2022 while incarcerated is now suing the Utah Department of Corrections for wrongful death, claiming he did not receive the medical attention he was rightfully due. In the early morning hours of Nov. 17, 2022, Thomas Underhill was pronounced dead at the University of Utah Hospital. He was 32. Hours prior to his death, he was rushed to the hospital from the Utah State Correctional Facility. According to the lawsuit, he had been complaining of severe pain for at least 10 days prior, and had been begging for medical attention. According to the lawsuit, the timeline of events leading up to his death is as follows:

• Nov. 8, 2022 — Underhill complained to inmates of "intense pain," telling at least one other person that he had back pain and Ibuprofen wasn't helping.
• Nov. 9, 2022 — Underhill complained again to other inmates, saying something was wrong and he felt nauseous.
• Nov. 10, 2022 — Other inmates observed Underhill in severe pain and struggling to move around. He complained to medical personnel, listing his symptoms and saying it was worsening. He was told to drink water and relax, and that it was likely kidney stones. Underhill pushed back, saying he knew it was more serious based on the pain he was experiencing.
  • On the same day, Underhill attended a parole hearing, where his mother, Maust, and then-girlfriend Brenda Lope were also present. When they asked him why his physical appearance was so bad, he explained he was in severe pain, and had put in requests for medical attention and had only been given Tylenol.
• Nov. 11, 2022 — Other inmates said Underhill struggled to walk to the "pill line" — the line inmates stand in to get medication — and that his speech was slurred. He continued to complain to corrections officers, other inmates, and medical personnel about his pain but nothing was done.
• Nov. 12, 2022 — Underhill struggled again to walk to the pill line, still nauseated. He was written up for failure to give a urinalysis, "which was due to his pain, immobility, and inability to urinate. On information and belief, Thomas was charged with 'substance abuse' and placed in lockdown."
• Nov. 13, 2022 — Other inmates pleaded with officers and medical personnel, but were ignored and told Underhill had to submit an "inmate care request." The suit states Underhill was jaundiced and gaunt in the face. He was eventually seen by a nurse whom he told he had pain, blood and difficulty urinating. He was able to provide a urine sample and was prescribed Flomax.
• Nov. 14, 2022 — Underhill lay on the floor for much of the day and was "essentially bedridden," and inmates again petitioned medical personnel on his behalf. He also appeared to have significant weight loss. He called his girlfriend and another friend that day, telling them "goodbye." The suit said he feared he would die.
• Nov. 15, 2022 — Underhill called his mother, Maust, begging and crying to her for medical help over the phone, saying the facility was not doing anything, despite his several inmate care requests. Maust immediately called the facility, telling them it was not like him to cry, that his tongue was swollen and his speech slurred. The phone operator said he would be seen right away. Medical staff eventually responded, but "before he could be transferred to the infirmary, a supervisor ordered that he return to his cell to allow the Flomax prescription to take effect."
• Nov. 16, 2022 — Maust received a call from another inmate around 8 a.m., who told her to call for medical again because Underhill's condition was even worse — he was "incoherent."
  • Maust was told by the facility that they had seen her son, that he was "fine," and they would continue to observe him. "Contrary to these representations from the correctional facility," the inmate called her back at approximately 9 a.m. to tell her Underhill had finally been taken to the infirmary.
  • "By then it was too late. Thomas was critically ill and was transferred to the University of Utah Hospital. A prison Liaison called Tamara around 7:30 p.m., confirmed that Thomas had been transferred, and told her that Thomas would not make it through the night."

By the time Maust made it to the hospital, Underhill was already comatose, the lawsuit states. He was pronounced dead at 4:22 a.m. on Nov. 17, 2022. Underhill's preliminary cause of death was listed as cardiac arrest, septic shock, multiple organ failure, acute kidney injury, profound academia and lactic acidosis. Later, an autopsy determined Thomas had died of an infection that originated in his left kidney, resulting in bacteremia, disseminated infection and multiple organ failure. "The pathologist did not find a kidney stone or other urinary obstruction," the lawsuit states. Further, available records show Underhill was never "seen by a medical practitioner while at the correctional facility." The lawsuit also names multiple members of the facility's medical staff who it argues should have taken measures to ensure Underhill was treated, but didn't. "Thomas' death was entirely preventable. Had he been timely evaluated by a medical practitioner and timely sent to the hospital to receive the treatment his condition required, he would not have died on Nov. 17, 2022," the suit states. Ultimately, the complaint first seeks payment for damages to Underhill's family estate, and secondly, for the UDC to "properly train and supervise its officers and medical staff with respect to the medical care and treatment of inmates." The UDC had no comment on the case when KSL TV requested, citing pending litigation.

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