‘Dry Skin’ Nets Prisoner $5.00 Verdict
‘Dry Skin’ Nets Prisoner $5.00 Verdict
A lawsuit alleging medical negligence and failure to administer prescribed medications was decided in June of 2013 when a New York Court of Claims judge found that the state was liable for $5.00 in damages.
Johnathan Johnson, a prisoner at the Upstate Correctional Facility in New York, alleged numerous causes of action in his complaint, including denial of sinus medication and skin lotion, denial of a sick call visit, and insufficient food portions.
In dismissing all but the denial of skin lotion claim, Judge W. Brooks DeBow found that Johnson was in fact seen by nursing staff on the day in question, and that the sinus medication was not prescribed. Johnson withdrew his claim of insufficient food portions on the day of trial.
With respect to the skin cream, however, the court found that it was a prescribed medication, and that "once the State through its medical professionals has properly prescribed medication to inmates in its care, it has duty to administer that medication.”
Noting the Johnson suffered dry skin on the day he was denied his skin cream, the court awarded him "nominal damages” in the amount of $5.00.
See: Johnson v. The State of New York (NY Court of Claims), No. 2013-038-105, Claim No. 114829 (June 13, 2013).
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Related legal case
Johnson v. The State of New York
| Year | 2013 |
|---|---|
| Cite | (NY Court of Claims), No. 2013-038-105, Claim No. 114829 (June 13, 2013) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 5.00 |