In The News

Avery James Borkovec

30 Sep Lawsuit Filed on Behalf of the Family of Avery James Borkovec After Painful Death at Boulder County Jail

Posted at 21:17h in In The News by

Holland, Holland Edwards & Grossman recently filed a lawsuit on behalf of the family of Avery James Borkovec, a 22-year-old who died a harrowing and painful death on the floor of the Boulder County Jail surrounded by his own blood and vomit. Avery had been telling staff at the Jail that he needed to go to the hospital, and reporting an increasingly concerning constellation of symptoms for close to a month. He was so thin and pale that other inmates referred to him as “Casper.”

In late September 2022, Avery was arrested for trespassing and previous failure to appear warrants, and held at the Broomfield Detention Center, where the private correctional health care company, Turn Key Health Clinics, LLC provides medical care. Soon after he arrived at the Detention Center, Turn Key medical staff learned that Avery had staph bacteremia – a bacterial infection of the bloodstream. Staph bacteremia is a serious infection that has a high risk of complications and death if left untreated, because once bacteria are in the bloodstream, the infection can spread to vital organs and tissues such as the heart, lungs, and brain. 

Even though they knew Avery’s recent lab results showed he had bacteremia, and despite knowing that he was exhibiting clear signs and symptoms of a serious bacterial infection, Turn Key medical staff recklessly chose not to send him to the hospital or even start him on antibiotics. After about a week, Avery was transferred to the Boulder County Jail. Turn Key staff did not tell Boulder County Jail staff that Avery had untreated bacteremia.

Avery got progressively more sick over the 26 days and 17 hours he was held at the Boulder County Jail. In that time, he repeatedly told medical staff and deputies that he was experiencing severe back pain and tightness, severe pain and soreness throughout his body, insomnia, vomiting, coughing, extreme tooth pain, migraines, anxiety, fatigue, and significant weight loss. 

He was so obviously sick throughout his time at Boulder that other inmates knew he needed hospital-level emergent care. He was concerningly pale, jaundiced, thin, lethargic, and frail. He was coughing up blood, barely eating, and obviously struggling to breathe. Other inmates collected his meal trays, summoned deputies to get him medical attention, and also told Boulder jail staff he obviously needed to go to the hospital.

The night before he died, Avery complained of shortness of breath and was obviously in the throes of a medical emergency. He was seen by medical staff for less than seven minutes before they determined he could stay in the jail. Avery was then moved to a single cell, where not even other inmates could observe or help him.

The next morning Avery stumbled out of his cell, weak, coughing, and keeled over at the waist. A concerned inmate called for deputies, who called for a non-emergent medical response although Avery was clearly on the brink of death. While they waited for medical personnel to arrive, deputies repeatedly accused Avery of taking drugs, downplayed, and mocked the severity of the situation, instructing him not to “make a mess.”

Avery died a completely unnecessary death shortly thereafter. The complaint detailing these grim events was filed on September 27, 2024 in federal court and is available here. 

 

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