83-year-old veteran dies after he’s jailed and given wrong medicine, CA lawsuit says

After an 83-year-old Navy veteran died in police custody, his sons filed a civil rights lawsuit, alleging that the jail took away their father’s medical tag and he was killed by a drug that he was allergic to.

The lawsuit, filed in the U.S. District Court against Solano County in California and its sheriff, is seeking damages, stating that the sons were “mentally, and emotionally injured, and damaged” as a result of their father’s “wrongful death.”

A representative of Solano County or the sheriff’s department didn’t immediately respond to McClatchy New’s request for comment.

Kenneth Utterback, 83, was arrested on Feb. 23, 2019 and taken to Solano County Jail, according to the lawsuit. He had his medical alert necklace, which reads “Epileptic Severely Allergic to Dilantin Can Only Take Phenobarbital” taken away during the intake process and in March, Utterback was taken to the NorthBay Medical Center Emergency Room after displaying “unusual behavior” and not eating.

According to the lawsuit, Utterback’s symptoms got worse and he was unable to tell medical staff that he was allergic to Dilantin. He was transferred to the ICU and given the drug repeatedly.

Utterback was then transferred to Mercy Hospital in Sacramento and the Dilantin caused “injuries and continued medical decline,” according to the lawsuit. He died due to septic shock on April 15, 2019 as a result of the Dilantin, according to the lawsuit.

Utterback was given Dilantin “for at least a month by staff at Solano County Jail and Northbay Medical Center,” KTVU reported. Doctors reportedly said he has “no known allergies” for over a month and his death certificate said he died of multiple organ failure, septic shock, and “a rare and serious skin reaction that resulted, in his case, from the Dilantin,” the station reported.

“To me, that’s evil,” Trent Utterback, his son, told the station. “We want to get some light shed on this dark situation.”

Utterback was diagnosed with a Dilantin allergy in 1969 during his service in the Navy, the lawsuit states.

The Solano County Sheriff’s Office conducted an internal investigation into the jail and has changed how it handles inmate property, KTVU reported.

Attorneys representing Solano County didn’t provide a comment on Utterback’s case, according to the station.

Adverse drug reactions happen in 10% to 15% of patients in the hospital and 3% to 6% of hospital admissions, according to the World Allergy Organization. Allergies to drugs occur in 1% to 2% of admitted patients and 3% to 5% of hospitalized patients but it’s unknown how many children and adults have drug allergies.