Kingston Pen Prisoner Sues Over Medical Care
Carl Bursey, 35, a former outlaw biker and Kingston Penitentiary inmate is suing the federal government for $5 million.
Bursey, once considered one of the province’s most wanted fugitives, claims he suffered catastrophic injuries due to inadequate medical care while at the institution. He is now confined to a wheelchair and currently serving his 10-year sentence in the medical wing of the maximum security prison.
The civil lawsuit was filed last week at the Superior Court office by his Kingston attorney Philip Osanic, who confirmed his client is unable to walk. It also names his wife, daughter and parents as plaintiffs.
Bursey, once a member of the Bandidos biker gang, was arrested and sent to prison in 2008 as a result of a two-year drug ring investigation by the RCMP and Kingston City Police.
The lawsuit alleges he suffered the debilitating injury this January after Corrections medical staff misdiagnosed a herniated or fractured vertebrae as an aggravated sciatic nerve.
His first indication of a problem occurred while in the prison’s exercise yard and, after seeking treatment, was sent back to his cell to rest.
The lawsuit goes on to describe progressively worsening issues that were not adequately treated, and eventually resulted in Bursey being transported to hospital by ambulance where he underwent surgery. Bursey subsequently ended up spending several weeks at St. Mary’s of the Lake Hospital before he was returned to Kingston Penitentiary.
The lawsuit claims the initial examination of his injury was “negligent” , “cursory” and “sub-standard”.
It also claims, “The Plaintiffs further plead and state that the proper immediate medical attention would have dramatically mitigated the harm suffered, while the failure to provide immediate medical attention has compounded and exacerbated a potentially minor and treatable injury, causing and contributing to a far more significant catastrophic medical result.”
The lawsuit is seeking millions in civil damages because Bursey’s “ability to earn an income, future competitive advantage, capacity for advancement, opportunities for success in the workplace, and the family’s long term livelihood have also been drastically and permanently impaired.”
His attorney said that while in prison Bursey has attained his high school diploma, got married, had a daughter, and has plans to enroll in college courses.
Image from Google Maps Street View
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