Sioux City, IA, Medic, Fire Department, City Sued for Wrongful Death

SIOUX CITY — The parents and children of a man who died after a Sioux City paramedic mistakenly administered the wrong medication to him has filed a federal lawsuit against the city, police and fire departments and numerous police officers and emergency responders.

The lawsuit includes claims of medical malpractice wrongful death, excessive force and deliberate indifference to medical need. The lawsuit also cites numerous instances of liability on behalf of the city and supervisors to properly train and supervise its employees and negligence in hiring.

James Foster Jr., 26, died Aug. 20, 2023, two days after Sioux City paramedic Deanna LaMere injected him with rocuronium, a powerful paralytic drug, instead of ketamine to sedate Foster during a medical assistance call in the 2700 block of Third Street.

His parents and the mother of his children, on their behalf, are seeking a judgment in U.S. District Court in Sioux City to compensate them for Foster's lost earnings, emotional distress and pain and suffering, punitive damages and all damages allowable under Iowa law for wrongful death.

"All defendants in this situation had the opportunity to do the right thing and abide by Mr. Foster's constitutional rights, and not a single one of them chose to do so. As a result, Mr. Foster died at the age of 26, leaving two young children and a loving family behind. This lawsuit is the unfortunate result of Mr. Foster's avoidable death," West Des Moines attorney Erin Jordan, who is representing the family with Katie Naset, said in an emailed statement.

Named as defendants are the city, Sioux City Police Department, Sioux City Fire Rescue, police Sgt. Alan Schmeckpeper and officers Carolina Ochoa and Donette Sassman, LaMere, rescue personnel Drake Carnahan, Dustin Johnson, Brandon DeRocher and Jordan Reinders, EMS director Jim Haden and Dr. Randall Wood, Sioux City Fire Rescue's medical director.

"The City of Sioux City intends to vigorously defend against the allegations in the lawsuit and will respond specifically to the allegations by its filings with the court," said Gregory Lederer, a Cedar Rapids, Iowa, attorney who is representing the city.

Filed Friday, the lawsuit said Ochoa was dispatched to a call of a person in the street and at 3:53 a.m. arrived in the 2700 block of Third Street, where she observed Foster sitting or lying near the curb. He told her he had hurt his arm, and Ochoa radioed for medical assistance.

When Ochoa attempted to help Foster up, he reacted in fright, moving away from her. After Sgt. Schmeckpeper, officer Sassman and the ambulance arrived, Foster continued to act fearful, retreating from them and beginning to cry as they tried to help him stand.

LaMere asked Foster if he had taken drugs or was schizophrenic. After attempts to get Foster to stand failed, LaMere decided to inject him with ketamine, an incapacitating drug, though he'd never posed a threat, instead acting disoriented and fearful when approached, the lawsuit said.

"There was no medical indication for an injection and Mr. Foster had still not been assessed in any way at this time," the lawsuit said.

LaMere administered the injection while police and EMTs held Foster down. LaMere then discovered she'd instead injected Foster with rocuronium, a paralytic medication that caused him to become paralyzed and unable to breathe.

Foster was soon gasping for air, saying, "I can't breathe," and asking, "Am I gonna die?"

The lawsuit said LaMere and Schmeckpeper in incident reports said Foster began kicking and swinging at personnel after he was injected, but that was not seen on police body cameras.

According to the lawsuit, LaMere hadn't had her partner verify the drug before administering it and didn't tell anyone she'd given him the wrong drug when he began showing signs of respiratory distress. Knowing she'd given Foster the wrong medication, LaMere failed to take steps to protect his airway or intubate him before he became paralyzed.

The lawsuit said body camera footage showed none of the officers or EMTs mentioned his respiratory distress. Instead, Foster was handcuffed, strapped onto a gurney and put in the ambulance. On the way to MercyOne Siouxland Medical Center, Foster went into cardiac arrest, his heart stopping on one occasion. In a call ahead to the hospital, LaMere told staff members she'd injected him with ketamine, not admitting her mistake until they were at the hospital.

According to the lawsuit, LaMere had made mistakes that injured patients in circumstances similar to Foster's before.

LaMere was arrested in January and charged with involuntary manslaughter. She has pleaded not guilty. There is no trial date, but a pretrial conference is scheduled in July.

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