Morris County has paid $2 million to settle a wrongful death suit filed on behalf of an incarcerated man who died after guards failed to obtain treatment for his heart condition.

Charles Petrock Jr., 42, was found dead in the Morris County Jail in 2015 after he was arrested for driving with a suspended license. A suit by his estate alleged jail personnel failed to make regular checks on him after being given notice at intake that he suffered from an enlarged heart and congestive heart failure.

Superior Court Judge Louis Sceusi signed a final order in the case on March 6, approving the settlement and apportioning 40% of the proceeds each to Petrock's minor son and daughter, Charles and Gabriella, and 20% to his wife, Diane. The county paid the settlement on Tuesday.

Petrock's estate was represented by Andrew Smith of Smith & Schwartzstein in Morristown.

The order granted $584,391 in attorney fees and $55,849 in costs to Smith; $10,075 to attorney Mark Miller, as guardian ad litem for Charles and Gabriella Petrock; $5,625 for attorney Jeffrey Zenna, as temporary administrator of the estate; as well as $21,775 in estate expenses to Petrock's parents, Jamie Ann and Charles.

"This case highlights the need for more oversight of correctional facilities, which are mandated by law to provide sufficient medical care to individuals in their custody who cannot, due to their incarceration, seek medical attention themselves," Smith said in a statement.

Andrew Smith of Smith & Schwartzstein/courtesy photo

Three other minor children of Petrock's were not able to recover because they were adopted by Petrock's parents, said Smith.

Petrock was placed in the Morris County Jail after he was unable to post a $1,000 bail and failed to notify any family members of his arrest, Smith said.

Contrary to standard operating procedure at the jail, no nursing plan was set up for Petrock after he disclosed his heart condition, or after he reported dizziness and was observed having an unsteady gait. A nurse told him to drink fluids, which was contraindicated because of his heart condition, said Smith. On the night of his death, a guard noticed at 11 p.m. that Petrock was vomiting, and he later notified an on-duty nurse, but the nurse did not check on Petrock, according to Smith. The guard reported that the vomiting continued until 1:30 a.m.

Standard operating procedure calls for guards to check on each inmate every 30 minutes during the night, but officers on duty admitted they did not do so for Petrock, according to Smith. A medical expert estimated that Petrock died at 2 or 3 a.m., but he was not discovered dead until 7 a.m., according to Smith.

The county disputed liability and causation, and emphasized Petrock's past history with substance abuse, arguing that he most likely would not have survived, even if treatment of his heart condition was administered promptly, said Smith.

John Bowens of Schenck, Price, Smith & King in Morristown, who represented the county, did not return a call about the case. The county counsel's office also did not return a call about the case.