$250,000 to be paid in claims

Thursday, Aug. 21, 1997 | 9:06 a.m.

CARSON CITY -- The Nevada Board of Examiners voted to pay out $250,233 to victims of mistakes or misconduct by state employees, including a prison doctor who prescribed the wrong drug, leading to an inmate's death.

The board approved an out-of-court settlement of $48,198 for Jewelene Nelson, the mother of inmate Benito Camacho. He died in January 1995 at the Southern Desert Correctional Center at Indian Springs after Dr. Charles Kilduff administered the wrong drug.

Camacho had respiratory problems and he died within 45 minutes of getting the injection. It was determined the doctor was negligent in administering the drug to a person with the respiratory ailment. Dr. Kilduff was then fired.

The board agreed to pay $103,525 to psychologist Janet Guinn, fired from the mental health division for refusing to submit to a psychological and psychiatric evaluation as a condition of her continued employment.

A state hearing officer ruled the state did not have the authority to require Guinn to take the test and ordered her reinstated to her job with back pay, which amounts to $95,000 of the total award.

A $32,500 out-of-court settlement will be paid to Judy Wilson of Reno, who was stalked by former Highway Patrol Trooper James Shoemate. After Wilson and Shoemate had a run-in at her place of employment, the trooper waited in hiding until she left work, pulled her car over and cited her for three different violations.

She was arrested when she refused to sign the citation and booked into jail. Shoemate was fired and criminal charges were filed against him, but he was acquitted.

Kelly Himmell of Las Vegas will receive $41,000 for injuries suffered when the shuttle bus she was driving was hit by a state vehicle on Interstate 15 at Flamingo Road in November 1995. There was no evidence of negligence on the part of Himmell.

But Himmell probably won't get to keep all of the money because the State Industrial Insurance System has filed a lien on the sum.

The board approved a $25,000 settlement with Dr. Ralph Mayer, who suffered back and neck injuries and memory loss when his vehicle was hit by a state car at U.S. 395 and Plumb Lane in Reno.

The board approved a contractor for UICI Administrators Inc., of Irving, Texas, to administer the claims under the insurance policy for state workers. UICI will be paid $13 for each claim. The company replaces L&H Administrators of Bowling Brook, Ill., which fell behind in paying doctors, hospitals and other medical personnel who treat state workers and their dependents.

State Budget Director Perry Comeaux said there were a large number of claims that have been held in abeyance because of problems with L&H. He said the new company should start paying the back and current claims starting Sept. 1.

Attorney General Frankie Sue Del Papa, a board member, said the withholding of the payments for several months is causing a "severe problem" for some medical providers. "The people have been patient but it is working a hardship," she said.

There was an estimated backlog of 40,000 claims when L&H closed its business. It is presently under investigation by the state Insurance Division.