San Diego County has paid $3 million to the widow of a man who died at the San Diego Central Jail three days after he was arrested because he was not administered the insulin he needed to survive.
Keith Bach died on Sept 28, 2023, from a lack of insulin in his body, after it was reported that he had notified a deputy of his need for insulin and had repeatedly hit an intercom button to request it. The medical examiner’s office ruled his death a homicide by neglect.
A $3 million payout was issued on June 30, according to public records obtained by Times of San Diego via a public records request.
The Citizen Law Enforcement Review Board’s (CLERB) report of the incident said the 63-year-old Type 1 diabetic was arrested by Chula Vista police on Sept. 25, 2023, on charges related to criminal threats and vandalism. Bach fainted during the booking process, which led him to be taken to the hospital. He was cleared and taken back to Central Jail, where he told medical staff he received insulin via pump up to eight times a day.
He also told them he was set to run out of insulin by 8 a.m. the next day.
According to CLERB’s reports, medical staff failed to provide his insulin dose after he was moved to his cell. Bach alerted a deputy to his need for insulin and his fellow inmates, who told him to use the intercom button to get their attention. Fellow inmates recount him pressing this button repeatedly.
At one point, a deputy and medical staffer stood outside the module to distribute medications through a food flap. Bach’s two cellmates stood in line, but camera footage shows Bach standing at the doorway of his cell. Medical staff never directly interacted with Bach and listed him as refusing to take medication.
Later that evening, a deputy and medical staff came into the module to administer a blood sugar check. However, the medical staff remained on the downstairs floor while the deputy went up to the call to check on Bach.
The deputy encountered Bach lying on the floor, naked, and recalled that he asked him if he wanted to take his medication. He described Bach’s gestures as a “shoo away motion with his hand.”
CLERB reports found that medical staff never directly interacted with Bach. They logged this as a refusal of medication.
Just over two hours later, Bach was found unconscious and not breathing, lying on the floor of his cell.
The Medical Examiner’s Office determined the cause of death as a result of a diabetic complication, but classified the manner of death in accordance with his treatment.
“However, considering the inaction (i.e., neglect) characterizing the events leading to inadequate care while incarcerated of Mr. Bach’s health conditions and ultimately his death, the manner of death is classified as homicide,” the report read.
District Attorney Summer Stephen declined to file criminal charges against anyone involved in Bach’s death.
Cecilia Bach, the wife of Keith Bach, filed a lawsuit against the county nearly a year after his death. Following the payment, the lawsuit was dismissed on July 14.
From 2015 to the beginning of this year, the county has paid at least $86 million for jail-related payouts, which includes high-profile cases like the death of William Hayden Schuck, which resulted in a $16.73 million settlement, and Elisa Serna, which was a $14 million county payout.
While the Sheriff’s Office said it would not comment on settled litigation, they shared in a lengthy statement several safeguards Medical Services has implemented for the care of individuals with Type 1 diabetes.
These include notifying senior registered nurses of individuals with Type 1 diabetes, housing patients who are awaiting insulin pumps in the medical unit and an electronic alert in the Sheriff’s information system to notify personnel of an individual’s insulin pump use.
Additionally, providers can utilize Continuous Glucose Monitoring technology, which is intended to supplement diabetes management protocols through continuous, real-time monitoring of patients with complex insulin management needs.”
“We routinely evaluate our clinical practices, implement process improvements when opportunities are identified, and work collaboratively across medical and custody disciplines to enhance the care provided to individuals entrusted to our custody,” the Sheriff’s Office statement said.