Washington state to pay $2.3 million to family of man killed by state hospital roommate

Washington’s Department of Social and Health Services will pay $2.3 million to the family of a man who was killed in 2022 by his roommate at Western State Hospital, the state’s largest psychiatric facility.

The family of Stephen Kellogg sued the state last year in Pierce County Superior Court, alleging that the state could have done more to protect Kellogg from his roommate, Jason Day. On Oct. 28, 2022, Day strangled Kellogg in their shared room at the state hospital.

Kellogg’s family claimed negligence: The lawsuit states that Western State Hospital was aware that Day had a history of violently assaulting other patients.

“Employees and agents of Western State Hospital knew or should have known that Jason Day was dangerous and should have taken steps to prevent him from further hurting other patients, including Stephen Kellogg,” attorneys for Kellogg’s family wrote in the lawsuit. The settlement, reached Monday, was first reported by the Tacoma News Tribune.

Jessica Nelson, a spokesperson for DSHS, said the agency couldn’t immediately comment on whether the state had made changes to its safety policies following Kellogg’s death, or whether changes were in the works.

She said the state was committed to “fostering a restorative environment that prioritizes the safety and well-being of every patient and resident.”

“We offer our heartfelt condolences to the family of Stephen Kellogg and to all who were affected by his death,” Nelson said in an email. “The Department of Social and Health Services understands that no monetary settlement can ever replace the loss of a loved one. We hope this resolution provides some measure of healing.”

Day, found not guilty of Kellogg's death by reason of insanity, could spend the rest of his life institutionalized, the News Tribune reported.

Safety at the state hospitals for both patients and staff has been an ongoing concern. After a security guard was shot and killed outside Eastern State Hospital earlier this year, the state said it was reviewing whether it could have improved its response to the shooting.

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