Jail health care provider asks judge to dismiss lawsuit
A health care provider for the St. Clair County jail is relying on a controversial legal strategy to argue for the dismissal of a lawsuit by a former inmate.
CHS TX Inc. argues Lisa Brown, who says in her lawsuit that her neck was broken while she was incarcerated in 2021, has no case against them because it is a separate company from Corizon Health, the company St. Clair County contracted with to provide medical care for inmates.
"Cross-Defendant denies the allegation that Corizon Health, Inc. is now known as CHSTX, Inc. because the allegation is untrue," CHS TX's attorney, Brian Richtarcik, wrote in the company's response.
Whether Corizon Health and CHS TX are separate companies is the subject not only of Brown's lawsuit, but also several cases nationwide brought by imprisoned people who say they received poor medical care at facilities contracted with Corizon Health.
In 2022 Corizon Health declared bankruptcy and broke into two companies: CHS TX Inc. and Tehum Care. According to a report from USA Today, Tehum Care inherited all of Corizon's debts and liabilities. Corizon's assets and employees, however, were given to CHS TX.
"What Defendants have done, and are still doing, is essentially an old-fashioned bankruptcy fraud scheme – taking assets and avoiding liabilities, while draining coffers into their own pockets," James Hyman, a former CEO of Corizon Health, wrote in his own lawsuit against CHS TX alleging the company owed him money.
The strategy, known as the "Texas two-step," has been challenged by several attorneys for former inmates who say they were victims of malpractice in Corizon's care and that the strategy was a manuever meant only to avoid liability by giving Tehum the lawsuits and no assets to pay them with.
Brown sued CHS TX in October saying nurses and doctors at the St. Clair County jail did not have her transported to a hospital after she fell from a bunk bed and hit her head. She was reportedly unable to move for three days until a nurse contacted an on-call doctor who said she should be taken to a hospital immediately.
Brown's attorney said Brown is now unable to move her left arm and leg, and has difficulty feeling anything below the waist.
Brown is also suing the county, which argued in its own filing that deputies at the jail were acting on the medical guidance of Corizon's doctors and that CHS TX should cover the legal expenses for its defense.
In response to the county's claim, CHS TX again argued that it's not obligated to cover the county's legal expenses because it's not Corizon.
A scheduling conference is scheduled for 10:30 a.m. Feb. 26.
Contact Johnathan Hogan at jhogan@gannett.com.
This article originally appeared on Port Huron Times Herald: Jail health care provider asks judge to dismiss lawsuit
