USA TODAY has published a major national investigation, “Sepsis is ‘very treatable.’ For inmates, it’s often a death sentence,” examining how preventable infections are killing people in jails and prisons across the country. Dawson Law Group’s work on behalf of the family of Michael Barton, a man who died from untreated flu that progressed to sepsis at the Oregon State Penitentiary, is highlighted in the story.
You can read the full USA TODAY article here:
Sepsis is “very treatable.” For inmates, it’s often a death sentence.
Who Was Michael Barton?
Michael Barton was a 54-year-old man incarcerated at Oregon State Penitentiary in Salem. In early 2018, he developed flu-like symptoms that steadily worsened over several weeks. Instead of receiving timely, appropriate medical care, his condition was repeatedly downplayed or dismissed.
An independent investigation later found that Michael’s physical condition deteriorated to the point that he could not get out of bed or eat without help. Witnesses reported trays of uneaten food and described him as too weak to care for himself. Despite clear signs of serious illness, he was not promptly transferred to a hospital.
By the time Michael was hospitalized, it was too late. He died in February 2018. The prison’s own chief medical officer concluded he died from Influenza B that led to pneumonia, empyema, and ultimately sepsis and septic shock.
Sepsis is a medical emergency. Outside of prison, early recognition and treatment with antibiotics and IV fluids often saves lives. Inside correctional facilities, delays in taking sick people seriously and getting them to a hospital can make an otherwise treatable condition fatal.
Dawson Law Group’s Role in the Barton Case
Dawson Law Group represented Michael Barton’s family in a wrongful death and civil rights lawsuit against the Oregon Department of Corrections and its medical providers.
The lawsuit alleged that Michael’s death was the result of grossly inadequate medical care and a failure to account for his serious mental illness and cognitive disabilities when evaluating his symptoms. The case sought accountability not only for what happened to Michael, but also for broader systemic problems in how medical crises are handled inside Oregon’s prisons.
In 2020, the State of Oregon agreed to pay a $2.75 million settlement to Michael’s family, at the time the largest such settlement in Oregon Department of Corrections history. Because Oregon is self-insured, that payment came directly from the state budget, underscoring that when incarcerated people are denied basic medical care, the public ultimately pays—both in human terms and in dollars.
Why USA TODAY’s Sepsis Investigation Matters
USA TODAY’s investigation found that people are dying from sepsis in jails and prisons across nearly every state in the country. Their analysis of in-custody death data and court records shows a disturbing pattern: treatable infections spiraling into fatal sepsis because medical complaints were ignored, delayed, or dismissed as “faking.”
This pattern is consistent with what Michael’s case revealed:
- Delays in care: Repeated complaints of serious symptoms met with skepticism or minimal treatment.
- Barriers to emergency treatment: Incarcerated people cannot simply walk into an emergency room; they must rely entirely on prison staff to take their symptoms seriously.
- Higher risk of death: Studies show incarcerated patients with sepsis are significantly more likely to die than non-incarcerated patients.
Michael’s story, and the stories of other families highlighted in the USA TODAY piece, show that these are not isolated incidents. They reflect a larger culture in which incarcerated people are too often treated as less deserving of urgent medical care.
Accountability and Systemic Change
Wrongful death cases like Michael Barton’s serve two critical purposes:
- Justice and answers for families. Families deserve to know what happened to their loved ones, why it happened, and who is responsible. A civil lawsuit allows families to obtain records, depose witnesses, and bring hidden facts to light.
- Pressure to change dangerous systems. Significant verdicts and settlements send a clear message that ignoring serious medical needs carries real consequences. In Michael’s case, officials have faced public scrutiny, policy recommendations, and financial accountability.
But as the USA TODAY investigation makes clear, much work remains to be done. As long as prison medical care is under-resourced, opaque, and driven more by skepticism than by patient safety, preventable deaths from sepsis and other serious conditions will continue.
What Families Should Do If a Loved One Is Harmed in Custody
If you have lost a loved one, or you believe a family member was seriously injured while in jail or prison, it can be incredibly difficult to get straight answers. Records may be limited, and you may be told very little about what actually happened.
Families can consider taking steps like:
- Preserve all communications and documents. Keep letters, emails, jail records, death certificates, and any medical information you receive.
- Write down timelines and details. Family recollections, phone calls, and what other inmates reported can become important later.
- Speak with an attorney experienced in wrongful death and civil rights cases. These cases are complex and often involve constitutional claims, medical negligence, and detailed review of jail or prison policies.
Dawson Law Group has decades of experience handling serious injury and wrongful death cases in Oregon, including cases arising out of deaths in custody and institutional neglect.
Read the USA TODAY Story
To understand the broader national context of Michael Barton’s case and the widespread problem of sepsis deaths behind bars, we encourage you to read the full USA TODAY investigation:
Sepsis is “very treatable.” For inmates, it’s often a death sentence.
If you have questions about Dawson Law Group’s work on the Barton case or want to speak with our team about a potential claim, please contact us for a confidential consultation.