EVANSTON — The Wyoming Supreme Court upheld part of a lawsuit in which representatives for a Wyoming State Hospital patient sued the hospital, the Wyoming Department of Health and an administrator at the hospital after the patient was left unattended for more than 24 hours.

Justices dismissed the woman’s suit against the Wyoming State Hospital, the Wyoming Department of Health and Paul Mullenax in his official capacity. Mullenax is the hospital’s business manager, but he was also the interim administrator when the incident took place. The high court ruled that part of the suit, which claims Mullenax in his individual capacity violated the patient’s civil rights, will move forward.

The patient, Linda Gelok, who was 62 years old at the time, was found sitting in the hospital’s dayroom with her neck “kinked awkwardly” on Feb. 23, 2015. “She was anxious, trembling, breathing rapidly and reeked of urine,” according to the Oct. 11 ruling. An investigation later determined she’d been left alone without food and water and unnoticed for approximately 25 hours. 

WSH maintenance staff found her after reporting to the dayroom to repair a television and requesting she be moved. When approached, Gelok said, “I’m going to die, you’re going to let me die.” As staff prepared to lift Gelok from her chair and walk her out of the room, they noticed “numerous ants crawling on her foot.”

Investigators later noticed food on the floor in several areas of the hall and observed that the dining room floor was “very dirty with food and possibly human feces,” and hospital staff confirmed that the building had an ongoing problem with ant infestations.

“During a physical examination, WSH staff found dried blood on Ms. Gelok’s visibly swollen feet, ants crawling on dark red abrasions on her feet and ankles and insect bites,” Supreme Court justices wrote in the ruling. “A WSH nurse practitioner diagnosed her bleeding abrasions as a ‘rash’ and prescribed her prednisone.”

Wyoming Guardianship Corporation, the nonprofit entity that filed the lawsuit on Gelok’s behalf, was alerted and ordered Gelok to be examined at Evanston Regional Hospital. Staff there diagnosed Gelok with a urinary tract infection and treated her abrasions. When she returned to the State Hospital, court documents state she had a poor appetite, displayed paranoid delusions, was despondent and complained about pain around her wounds.

Gelok filed a complaint on May 12, 2016, and then filed a claim with the Wyoming Medical Review Panel on June 10, 2016. But she didn’t file a complaint in Third District Court claiming negligence until Aug. 9, 2017, which was past the two-year statute of limitations.

The State and Mullenax asked the court to dismiss the suit, which it did, and Gelok appealed to the Wyoming Supreme Court, which overturned the lower court’s dismissal of the case pertaining to Mullenax as a private individual.

The justices wrote in their ruling that Gelok alleged sufficient facts to state a claim for relief under Wyoming’s motion to dismiss standard.

“According to Gelok,” the ruling states, “… [Mullenax] intentionally allowed her to sit in the same position for 25 hours; failed to provide her with food, water, rest or bathroom breaks; and did not ensure that she received adequate medical care. She also alleged that he intentionally ran a filthy, ant-infested hospital, contributing to her injuries.

Since Gelok was involuntarily committed, she had the right to safe shelter, food and water, which was not provided, according to court documents. “A professional violates an involuntarily committed person’s substantive due process rights when he fails to exercise professional judgment to a degree that shocks the conscience,” the justices wrote.

Wyoming Department of Health spokeswoman Kim Deti told the Herald that current renovations at the State Hospital will help with patient care.

“Patient safety and supervision issues are continually reviewed and updated,” she said. “We recognize the difficulties linked to building conditions at the State Hospital. A major renovation of the hospital is underway. We expect the renovations to be an important step in improving conditions.”

Deti said WSH staff are charged with caring for some of the most challenging patients within the state and in difficult working conditions.

“The incident in question occurred nearly four years ago,” Deti said. “At this point, the Wyoming Department of Health will continue working to resolve legal issues relating to this incident.”

Gelok was at the Wyoming State Hospital after she’d been diagnosed with schizophrenia, post-traumatic stress disorder, dementia and borderline intellectual functioning. She’d spent many years at various mental health institutions, including a significant amount of time at the WSH.

The case will now return to Judge Joseph B. Bluemel in Third District Court in Evanston.