QuickTake:

The voluntary bankruptcy of jail medical service contractor Wellpath has resulted in major changes to lawsuits like the wrongful death and negligence claims filed on behalf of Barbara Stillwell, who died in the jail in 2023.

A medical services provider that filed for bankruptcy in 2024 cannot be sued by the family of a woman who died after an alleged drug overdose at the Lane County Jail, a judge ruled Friday, March 13.

U.S. District Judge Ann Aiken dismissed health care company Wellpath LLC from a lawsuit still moving forward against Lane County, after the death of 59-year-old Barbara Stillwell in Feb. 2023. 

Individuals with the Lane County Sheriff’s Office and health care workers involved in Stillwell’s care are also named as defendants in the lawsuit filed by her husband, Perry Stillwell. It seeks compensatory damages of $5 million.

Aiken dismissed Wellpath in response to a motion filed last August by attorneys representing the jail health care company, which, according to its website, operates in 37 states and cares for some 200,000 patients daily.

Lane County has a contract with Wellpath to provide medical, dental and mental health services at the jail.

The four-page ruling from Aiken made no mention of Lane County last year filing cross-claims as part of the Stillwell lawsuit, accusing Wellpatch of negligence in Stillwell’s death and also breach of contract. The county last August asked for a judge to order Wellpath to “defend and indemnify” the Lane County defendants — in other words, to defend the county against Stillwell’s lawsuit and compensate it for any damages that might be awarded.

Wellpath, which still operates after emerging from a voluntary bankruptcy, said in a November 2024 bankruptcy court filing it had more than 1,500 lawsuits pending against it and co-defendants, the “vast majority of which involve issues concerning the quality of medical care provided to incarcerated individuals.”

As part of bankruptcy proceedings, an agreement with the company’s creditors included the creation of a $15.5 million trust from which unsecured creditors, including those with pending lawsuits, are to be paid. 

Wellpath filed for dismissal from the Stillwell lawsuit last August after a deadline passed for people with claims against the company to opt-out of a third-party release.

The opt-out exists because Wellpath’s reorganization plan “includes a provision that, by default, requires plaintiffs with claims against Wellpath to release claims against” Wellpath employees, Devontae Torriente, a legal fellow with the National Police Accountability Project, told Lookout Eugene-Springfield last year.

Plaintiffs who wanted to pursue claims against Wellpath employees had to file opt-out forms before the deadline.

Aiken’s ruling explicitly allows claims to move forward against Wellpath employees Dr. Mary Gabriele, Brittani Standing and Elinda Gardner.

But Aiken cited what she called “plain and unambiguous” language from a Sept. 16, 2025, order in bankruptcy court, which said plaintiffs “may bring or continue to pursue claims against all Non-Debtor Defendants, including employees of the Debtors and/or employees of the Post-Restructuring Debtors.” 

Aiken ruled that Wellpath is referred to as a “Debtor” in the bankruptcy case, so the lawsuit may not continue against it. 

Court documents describe Stillwell as dying one day after being booked into jail, and the lawsuit alleges she “obtained fentanyl and methamphetamine while inside her cell in the booking area of the county jail and overdosed there while in custody.”

The negligence and wrongful death lawsuit alleged a “delay and denial of essential care” by Wellpath.

Louren Oliveros, an attorney representing Stillwell, did not respond to a request for comment.