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Seventh Circuit Discusses Administrative Exhaustion by The Seventh Circuit Court of Appeals has held that a prisoners amended complaint was the functional equivalent of a new complaint, and that new claims that were administratively exhausted after the original complaint was filed satisfied the Prison Litigation Reform Acts (PLRA) exhaustion requirement. …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
Article • October 15, 2006 • from PLN October, 2006
Massachusetts Prisoners Battle MRSA, Untreated Hepatitis C by Michael Rigby Kerry M. Castello is infected with hepatitis C, a disease that is slowly destroying his liver. But because Massachusetts prison officials are short on funds, he cant get the treatment he desperately needs. Castello, 41, was first diagnosed with hepatitis …
Article • August 15, 2006 • from PLN August, 2006
$365,000 Settlement For Restrained, Untreated Michigan Boot Camp Prisoner by On December 22, 2005, the state of Michigan agreed to pay $365,000 to a boot camp prisoner who was strapped in a restraint chair for six hours and later suffered kidney and liver failure. Craig Allen Cook II was arrested …
Article • August 15, 2006 • from PLN August, 2006
Canadian Prison Sanctioned Skin-Art Saving Society Health Problems by Gary Hunter Six Canadian prisons are paying prisoner tattoo-artists to ply their trade. The experimental government training program was initiated as an attempt to reduce the spread of infectious diseases. Legal tattooing ensures equipment will be sterile and sanitary. Connie Johannson, …
Article • August 15, 2006 • from PLN August, 2006
No Qualified Immunity for Failure to Perform Timely Liver Biopsy by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed a ruling by the U.S. District Court (N.D. Cal.) that the failure of a prison health care manager to provide a Hepatitis-C positive (HCV+) …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Article • June 15, 2006 • from PLN June, 2006
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
Dismissal of Medical and Retaliation Claims Reversed by Bob Williams The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The …
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o by PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger of Serious Physical Injury In a case of first impression, the Eleventh Circuit Court of Appeals held that …
Article • March 15, 2006 • from PLN March, 2006
Ten Deaths At San Quentin from Macabre" Healthcare by Ten Deaths At San Quentin from Macabre" Healthcare by Marvin Mentor San Quentin State Prison (SQ), a scant 25 miles from the San Francisco courtroom of Plata v. Schwarzenegger Judge Thelton E. Henderson, was high on the court's agenda for improved …
Article • March 15, 2006 • from PLN March, 2006
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
Article • February 15, 2006 • from PLN February, 2006
NY State Prisoner Receives $400,000 Liver Transplant by by John E. Dannenberg An NBC News I-Team 10 investigation caused considerable media controversy when it reported that a New York state prisoner with end-stage liver disease had received a $400,000 liver transplant in November, 2005, at state expense. This is significant …
Article • January 15, 2006 • from PLN January, 2006
California's Preferential Bulk Price For Hepatitis-C Drugs Kept Secret by The good news is that California's Department of General Services (DGS) negotiated a bulk discount price for the large quantities of pegylated interferon it buys for the treatment of Hepatitis-C infected prisoners, and will save the state $1 million on …
Article • January 15, 2006 • from PLN January, 2006
New York: Wrongfully Imprisoned Man Settles For $5,000,000 by by Michael Rigby A man who was wrongfully convicted of raping a 5-year-old girl has settled with the state of New York for $5 million, the largest such settlement in state history. But no amount of money can atone for the …
Privatized Medical Services in Delaware Kill and Maim by David Reutter by David M. Reutter Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison …
Brief • September 5, 2005
Filed under: Hepatitis, Failure to Treat
Hilton v. Wright, NY, Plaintiff Memo Class Certification, HCV Medical, 2005 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X ROBERT HILTON and LOUIS VASQUEZ, on behalf of themselves and all others similarly situated, Plaintiffs, –against– Case No. 05 Civ. 1038 (DNH) (DEP) LESTER N. WRIGHT, M.D., M.P.H., Associate …
Article • June 15, 2005 • from PLN June, 2005
Prison Health Issues Affect Public by by Michael Rigby Experts have long known that prisons are incubators for disease. Some diseases such as H.I.V. and hepatitis C are by some estimates ten times more common in prison than in the general population [PLN, June 2003, p.10]. Yet the health care …
Article • May 15, 2005 • from PLN May, 2005
Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner by The Eight Circuit Court of Appeals has held that a doctor was not deliberately indifferent to a prisoner's medical condition by failing to order interferon treatments for his Hepatitis C virus (HCV). While imprisoned within …
Article • April 15, 2005 • from PLN April, 2005
Filed under: Medical, Hepatitis
California Establishes Statewide Hepatitis-C Management Program by by John E. Dannenberg The California Department of Corrections (CDC) Health Care Services Division instituted a statewide Hepatitis-C Clinical Management Program (Program) in March, 2004. The Program draws from the prototype HCV protocol developed under federal court order at Pelican Bay State Prison …
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