A man who lost five toes to diabetes
while incarcerated at Arapahoe County jail has filed a lawsuit claiming
the loss was caused by a lack of medical care.
The lawsuit filed in federal court alleges that Correctional
Healthcare Companies failed to properly provide medical treatment to
The Denver Post reported Saturday
that Neisler suffered a broken blister on his right big toe from
ill-fitting boots worn while he worked in the kitchen. He says medical
staff ignored a serious injury for a diabetic and waited a month last
summer before taking him to a hospital.
He was in jail awaiting resolution of misdemeanor domestic violence
and drunken driving charges. The domestic violence charge stemmed from a
dispute at the burial of his dog Zoe, an Australian shepherd/malamute.
In a response to the lawsuit, Correctional Healthcare Companies
claims others outside its control, including Neisler, may have
contributed to the injury. Company officials did not return a call
Neisler first asked for help on July 20, 2013, according to the lawsuit. He was taken to the hospital on Aug. 22, 2013.
“My right big toe is bleeding, oozing and twice the size of my left
big toe,” he wrote Aug. 12. Two days later, he wrote: “my toe is
literally rotting now and smells awful. … I’m begging to be taken to a
hospital or wound care clinic for it to be looked at … please take
“I knew it was going south quickly,” he said of the experience. “My
big toe was like a piece of beef jerky. It was past gangrene, all the
way to bone infection.”
The infection had spread to his bone and doctors eventually removed all toes on his right foot to stem the infection.
Neisler, a 47-year-old former financial adviser said he no longer
plays hoops with a son who is a basketball player or run long distance
like he used to do with his daughter, who runs cross country.
“I could write 25 country songs about what happened,” said Neisler,
of his plight while incarcerated in the same jail that held Aurora
theater shooting suspect James Holmes. “I have to laugh, because
otherwise I’d be crying all the time.”