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Widow Files Suit Against ME's Office, Autopsies Mixed Up

 Taren Reed  Dave Wax  Jackelyn Barnard     Created: 11/24/2009 3:47:13 PM    Updated: 11/24/2009 7:34:15 PM
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JACKSONVILLE, Fla. -- Jacksonville's Medical Examiner office is being sued for a medical mix-up.

Julia Daniel said the loss of her husband hs hit her hard.  "It was love at first sight."  Donnie and Julia Daniel married in March 2004.

The two met while working as correctional officers at a prison in Raiford. "We both did everything together. We worked together, wherever he went I went. We were a team."

In January 2008, Donnie and Julia Daniel were working on their home.  One minute Donnie was fine and the next he was gone. 

"I walked in, seen him immediately. I patted his face, said what's wrong. That was the end of it."

Daniel's autopsy was done at the Duval County Medical Examiner's office.  The M.E.'s examination report says Donnie died of multiple drug toxicity. Everything from Methadone to Hydrocodone and Diazepam were found in his system.

"I said this is not right.  My husband did not take drugs.  I called them (M.E.) and said, 'This is a mistake, you must have crossed him with someone else's reports.' (They) said, 'No, we have proper procedures we go by. We don't make those mistakes.'"

So, Julia Daniel complained to the state. Weeks later, she said, she got a letter in the mail from the M.E.'s office.

It was an apology letter stating, "While we make every attempt to insure specimens are properly labeled, obviously, in this case, that system did not work. Consequently, we have taken corrective measures to assure that this never happens to another family."

Julia Daniel is still angry over the mix-up. "Why did this happen?  How did it happen, and how many people has it happened to?"

She is still waiting for those answers and has filed a pre-suit against the Medical Examiner's office claiming it was negligent in her husband's care. 

The formal complaint is expected to be filed in mid-December.

Daniel's cause of death has now been changed to natural. His wife has been told it was a heart attack.

The mix-up has caused problems beyond the emotional.  "I had a problem with the insurance policy. They did not want to pay off because they said it was suicide. I was delayed for six months before I got anything done."

Julia said there is no closure for her because she still wonders if the new cause of death is right.  "I would like to have a new autopsy done by someone else."

The Medical Examiner's Office had no comment on the issue. The city attorney handling the case is on vacation and was not available for comment.

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