$25M Award Against NaphCare Over Delayed Care That Led to Leg Amputation
A jury case highlights concerns over jail healthcare practices, with a major verdict raising questions about provider responsibilities and inmate medical care.
Updated on
A federal jury in Seattle has awarded $25 million to a former inmate who lost part of his leg after allegedly receiving inadequate medical care while incarcerated. The plaintiff, Javier Tapia, claimed that NaphCare Inc., a private correctional healthcare provider contracted to serve Pierce County Jail, violated his constitutional right to adequate medical treatment. The jury determined that the company’s actions — or lack thereof — amounted to a systemic failure, and awarded $5 million in compensatory damages and $20 million in punitive damages.
According to court filings, Tapia developed a blood clot in September 2018 while in solitary confinement at the jail. Over a two-week period, his symptoms worsened as he allegedly went without medical intervention despite signs of deteriorating health. Tapia's legal team argued that staff failed to respond to visible signs of infection and that medical evaluations were delayed until the damage had become irreversible.
The Trial and Verdict
The jury verdict followed a 10-day trial and over eight hours of deliberations. Jurors concluded that NaphCare staff had acted in accordance with a "widespread or longstanding custom" that disregarded the medical needs of inmates. Tapia’s attorneys presented evidence that unqualified personnel were tasked with duties outside their scope, and that correctional officers — rather than healthcare providers — were routinely expected to monitor inmates’ medical conditions.
“This is one step toward [Tapia's] goal of making sure that this never happens again to anyone incarcerated in our community jails,” said Ryan David Dreveskracht of Galanda Broadman PLLC, who represented Tapia. “The jury did the right thing to send a message to NaphCare: That if you are going to operate in Washington state and in our jails, providing care to the most vulnerable population in our communities, you need to do it right.”
NaphCare responded to the verdict by defending the actions of its healthcare team and signaling its intent to appeal. “We are disappointed that the life-saving care provided by our healthcare staff was not acknowledged,” a company spokesperson said. “We fundamentally disagree with the outcome and will move forward with appeal.”
The Medical Breakdown
Tapia was incarcerated at Pierce County Jail beginning in June 2018 for suspected auto theft and outstanding warrants. By mid-September, he developed a blood clot that reportedly went untreated for two weeks. Tapia’s attorneys stated that his condition worsened significantly during this period while he was held in solitary confinement. Mental health professionals documented behavioral changes and declining mental function, yet no physical medical assessment was conducted until October 1, 2018.
On that day, a jail staff member reportedly noticed that Tapia’s foot had turned black. A nurse who examined him noted the condition as “suspected gangrene,” and Tapia was transported to Tacoma General Hospital. According to trial testimony, by the time he arrived at the hospital, Tapia’s foot was severely infected and described as “rotting.” Physicians later determined that the clot had expanded and caused irreversible vascular damage, resulting in the surgical removal of Tapia’s left leg below the knee.
NaphCare has argued that Tapia suffered from phlegmasia cerulea dolens, a rare and aggressive vascular condition that progresses rapidly. In its trial brief, the company claimed Tapia did not express concerns about his foot until October 1 and that its staff acted swiftly once the condition was observed. “By responding immediately to Tapia’s emergent and deadly condition, NaphCare and its nurses saved Tapia’s life,” the company wrote.
However, Tapia’s counsel maintains that Tapia had become nonverbal and was mentally compromised in the days leading up to his diagnosis, rendering him unable to alert staff. Jail documentation and observations by mental health professionals noted his deteriorating condition well before the physical symptoms were recognized by medical staff.
Additional Legal Context
Tapia initially filed his lawsuit in state court in 2021, asserting both constitutional violations and negligence claims. While he also named Pierce County in the suit, those claims were later dropped following a confidential settlement, according to court records.
The case centers not only on individual decisions by medical staff, but also on broader institutional policies and oversight practices. The jury’s finding that Tapia’s injuries were the result of a systemic failure within NaphCare’s correctional care model raises larger questions about accountability in privatized jail healthcare systems.
The Legal Teams
Tapia is represented by Ryan Dreveskracht and Corinne Sebren of Galanda Broadman PLLC and Ed Budge of Budge & Heipt, a firm known for civil rights litigation involving jail and prison conditions.
NaphCare is represented by David A. Perez, Juliana Bennington, Shae McPhee, and Jacob Dean of Perkins Coie LLP.
What’s Next?
NaphCare has indicated plans to challenge the verdict through an appeal. If upheld, the $25 million judgment would represent one of the largest awards in Washington involving correctional healthcare. The case is Tapia v. NaphCare Inc. et al., case number 2:22-cv-01141, pending in the U.S. District Court for the Western District of Washington.
About the author
Wendy Ketner, M.D.
Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.
Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.
Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.
Subscribe to our newsletter
Join our newsletter to stay up to date on legal news, insights and product updates from Expert Institute.
Sign up nowA Sample Voir Dire: How To Qualify An Expert Witness
Download free white paperChallenging Opposing Experts: Advanced Research Techniques
Download free white paperCross Examining Expert Witnesses: The Ultimate Guide
Download free white paper
Subscribe to our newsletter
Join our newsletter to stay up to date on legal news, insights and product updates from Expert Institute.