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Northumberland County responds to NCP suicide lawsuit

News-Item, The (Shamokin, PA) - 2/13/2015

Feb. 13--SUNBURY -- Andrew Beers denied having problems with depression and anxiety when he arrived at Northumberland County Prison and was scheduled for a psychiatric evaluation at the time he hanged himself in the jail, lawyers representing the county and prison said Thursday.

The claim is in response to a lawsuit filed Dec. 11 by Beers' mother, Sherry Beers, of Paxinos, claiming the county, prison and its medical provider, Prime Care Medical Inc., acted with intentional malice and reckless indifference by refusing her son's requests for psychiatric care before he hanged himself Aug. 13, 2013. She is seeking more than $75,000.

In the 16-page response, the county and prison cite 16 defenses to Sherry Beer's claim, including that the county and prison did not act with deliberate indifference, that Andrew Beer's injuries were the result of his own actions or inactions, and that the claims are barred by a two-year statue of limitations as well as sovereign immunity.

The county and prison also deny knowledge that Andrew Beers made suicidal threats, had chronic anxiety and was at risk for suicide. When Andrew Beers did request treatment, the prison arranged for a psychiatrist to visit him, the brief says.

"While the file of (Andrew) Beers identified past treatment for anxiety depression, decedent denied those problems upon intake," the brief says. "His request for a psychiatric visit came later and he had been scheduled for an evaluation at his time of death."

The county and prison demand proof of most of Sherry Beer's claims, such as that county and prison personnel knew Andrew Beers had depression and a prescription for depression medication but never sought out his medical provider to determine the full extent of his psychiatric history to determine suicide risk.

Prime Care Medical Inc., represented by John R. Ninosky of Johnson, Duffie, Stewart & Weidner, of Lemoyne, denied the allegations in a response filed Jan. 5.

The county and prison are represented by Sean P. McDonough of Dougherty, Leventhal & Price LLP, Hazleton.

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(c)2015 The News-Item (Shamokin, Pa.)

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