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Article • August 15, 2008
Filed under: Medical, Skeletal Injury
Skeletal Disease Suit Dismissed by The plaintiff complained that he had a painful calcium overgrowth in his wrists for three years and the defendants failed to send him to a specialist or to provide surgery. His condition is a serious medical need. However, defendants' conduct represents a decision to treat …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Article • August 15, 2008
Fall From Top Bunk During Seizure Nets $1,350,000 by A Nebraska prisoner who was injured when he fell from a top bunk during a seizure was awarded $1,350,000. Mr. Wright, a Nebraska prisoner, was assigned to an upper bunk when he had a seizure and fell out of bed. He …
Nevada Prisoner Health Care So Atrocious, Prisoners Volunteer for Execution to Avoid Suffering by David Reutter by David M. Reutter “It is my opinion that the medical care provided at Ely State Prison amounts to the grossest possible medical malpractice, and the most shocking and callous disregard for human life …
Article • June 15, 2008 • from PLN June, 2008
$80,000 Settlement For Injury Caused By Defective Federal Prison Sidewalk by The Bureau of Prisons has agreed to pay Beatrice Codianni-Robles, a prisoner at the Federal Correctional Institute in Danbury, Connecticut, $80,000 to settle a federal tort claims suit. While walking outside her prison unit on July 29, 2002 Codianni-Rubles …
Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference by The plaintiff fell and broke his hip. A nurse concluded that he was merely bruised and didn't need to see a doctor. Three days later he saw a doctor at regular sick call who gave him an ace bandage for his …
Article • May 15, 2008
Jail Doctor Wins Lawsuit Over Substitution of Pain Medication by The plaintiff broke his hand in jail and was prescribed Darvocet for pain; a jail doctor directed that it be withheld to see if over-the-counter medications would control the pain, since many jail inmates including the plaintiff have substance abuse …
$200,000 Settlement for Negligent Medical Care/ Treatment of Federal Prisoner by The Bureau of Prisons has agreed to pay Beatrice Codianni-Robles, a prisoner at the Federal Correctional Institute in Danbury, Connecticut, $200,000 to settle a federal tort claims suit. After concluding a job on the prison yard on September 12, …
Article • May 15, 2008
No CMS Liability for Denying Treatment for Dislocated Shoulder by The plaintiff said he dislocated his previously injured shoulder in his sleep. At 511: "For purposes of this case, it is undisputed that a shoulder dislocation causes great pain and is a serious medical need." The defendants were not deliberately …
Brief • March 20, 2008
Lugo v. City of New York, NY, Complaint, Excessive Force Causing Fractured Orbital, 2008 UNITED STATES DISTRlCT COURT SOUTHERN DISTRlCT OF NEW YORK -------------------------------------------------------------------------)C JUAN PABLO LUGO, aJk/a NALDO REYES, Plaintiff, - againstCITY OF NEW YORK; Commissioner MARTIN F. HORN; Chief of Department CAROLYN THOMAS; Deputy Commissioner RlCHARD R. WHITE; …
Article • January 15, 2008
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion. by A federal court in Oregon has held that prisoners are not required to exhaust all levels of the prison grievance process when all requested relief is granted before the final step of the grievance process. On December …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Article • December 15, 2007
New York Prisoner Awarded $100,000 for Delayed Surgeries From Work Place Fall by A New York prisoner who was denied medical care for five months was awarded $100,000. On May 25, 1989, New York prisoner Thomas Lenahan fell from a two-story roof in a work accident. He was treated for …
Article • August 15, 2007 • from PLN August, 2007
New York Prisoner Awarded $190,000 For Improperly Treated Knee Injury by On June 6, 2006, a court of claims in White Plains, New York, awarded $190,000 to a state prisoner who claimed prison staff was medically negligent in their treatment of his knee injury, thus causing him to undergo an …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Article • May 15, 2007
District Court Denies Physician's Assistant's Motion to Dismiss by The U.S. District Court for the District of Maine denied a motion to dismiss filed by a jail's physician's assistant in a claim of deliberate indifference to a serious medical need. In September 2001, Robert Dellairo was seen by an emergency …
Article • May 15, 2007
New York Prisoner Awarded $100 for Delayed Pain Medication by On December 30, 2003, a court of claims in Albany, New York awarded a state prisoner $100 for pain and suffering associated with the prison's failure to timely provide pain medication after he broke his hand. Plaintiff Jonathan Greene, a …
Article • May 15, 2007
Rhode Island Prisoner Awarded $2,000 for Fractured Wrist by On April 2, 1996, a jury in Providence County, Rhode Island awarded $2,000 to a state prisoner who was injured when a platform collapsed beneath him. Prisoner Lucas Tiberio, 20, was lifting weights when the platform on which he was seated …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
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