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$201,000 Settlement in Death of California Prisoner with Hepatitis C
In June 2002, the California Department of Corrections (CDOC) settled for
$201,000 a wrongful death suit alleging denial of appropriate medical care
for hepatitis C.
The lawsuit, brought by the family of Rosemary Willeby, claimed her October
1999 death at the Central California Women's Facility was the result of
inappropriate medical care. Prison personnel reportedly ignored Willeby's
warnings that she had hepatitis C and treated her with drugs known to be
dangerous to people with the hepatitis virus. Prison officials also denied
her access to a liver specialist until 10 days before her death.
"Even as her stomach swelled and she looked nine month's pregnant, no one
ever treated her for the condition she had," said Cassandra Shaylor,
co-director of Justice Now, an Oakland-based non-profit organization. "Her
continued treatment with medications that are labeled 'liver toxic'
constituted a clear violation of her Eighth Amendment rights to be free
from cruel and unusual punishment."
The suit, filed in federal district court in Sacramento, also contended
prison officials routinely misinformed families about prisoners' medical
condition. In Willeby's case prison personnel described her condition as
stable when she was about to die.
Willeby, 47, had been serving a three year sentence for drug possession.
She had about a year to go when she died. Willeby's family was represented
by attorneys with Justice Now. See: Willeby v. Terhune, USDC ED CA, Case No. CIVS-00-2349GEB.
$201,000 a wrongful death suit alleging denial of appropriate medical care
for hepatitis C.
The lawsuit, brought by the family of Rosemary Willeby, claimed her October
1999 death at the Central California Women's Facility was the result of
inappropriate medical care. Prison personnel reportedly ignored Willeby's
warnings that she had hepatitis C and treated her with drugs known to be
dangerous to people with the hepatitis virus. Prison officials also denied
her access to a liver specialist until 10 days before her death.
"Even as her stomach swelled and she looked nine month's pregnant, no one
ever treated her for the condition she had," said Cassandra Shaylor,
co-director of Justice Now, an Oakland-based non-profit organization. "Her
continued treatment with medications that are labeled 'liver toxic'
constituted a clear violation of her Eighth Amendment rights to be free
from cruel and unusual punishment."
The suit, filed in federal district court in Sacramento, also contended
prison officials routinely misinformed families about prisoners' medical
condition. In Willeby's case prison personnel described her condition as
stable when she was about to die.
Willeby, 47, had been serving a three year sentence for drug possession.
She had about a year to go when she died. Willeby's family was represented
by attorneys with Justice Now. See: Willeby v. Terhune, USDC ED CA, Case No. CIVS-00-2349GEB.
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Related legal case
Willeby v. Terhune
| Year | 2002 |
|---|---|
| Cite | USDC ED CA, Case No. CIVS-00-2349GEB |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 201000 |
| Injunction Status | N/A |