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Article • February 15, 2008 • from PLN February, 2008
$90,000 Awarded to New York Prisoner for Delay of Surgery by A New York Court of Claims has awarded a prisoner $90,000 in a medical malpractice claim stemming from prison personnel delaying surgery, causing lasting injury and pain. The claim was brought by Sing Sing Correctional Facility prisoner Jonathan D. …
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 • 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 • December 15, 2007
Severed Spinal Nerve from Botched Surgery Nets NY Prisoner $118,000 by A New York prisoner who suffered a severed spinal accessory nerve during a medical procedure was awarded $118,000. Mr. Soltis was a New York prisoner in his mid-40s when he underwent an excisional lymph node biopsy. During the surgery, …
Article • December 15, 2007
Anesthetized Prisoner Awarded $500 for Fall and Injuries by A New York prisoner who was injured when he fell while under effects of anesthesia was awarded $500. On January 13, 1999, New York prisoner James Siena underwent general anesthesia for a kidney procedure. After discharge, "he became dizzy while climbing …
Article • December 15, 2007
Filed under: Medical, Dental Care, Surgery
Untreated Periodontal Disease, Loss of Teeth Results in $110,000 Jury Verdict for NY Prisoner by A New York prisoner who lost all his teeth due to inadequate treatment of periodontal disease, was awarded $110,000. Mr. Singh, a New York prisoner, suffered from periodontal disease that prison officials failed to treat …
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 …
Michigan's Prison Health Care System Found Contemptuous by David Reutter by David M. Reutter "Step on a man's foot once, and a polite apology will do. Do it twice, and a profuse apology is in order. Do it thrice, and you have left the land of apology and entered the …
Washington DOC Pays $1,700 in Faulty Kettle Claim by On December 6th, 1989 Alvin Lee Prater, then a prisoner confined at McNeil Island Corrections Center in Steilacoom, Washington, suffered a fall that injured both his right knee and lower back. Prater was working in the institution's kitchen when he was …
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
Failure to Reattach Severed Ear States Cause of Action by The Second Circuit Court of Appeals held that a doctor may be deliberately indifferent to a prisoner's serious medical needs for failing to sew the prisoner's ear back on after it was cut off. This action was filed by a …
Article • May 15, 2007
Pennsylvania: $5,442,000 Award For Failure To Treat Ruptured Spleen by On November 11, 1994, a jury in Philadelphia County, Pennsylvania, awarded $5,442,000 to a prisoner whose ruptured spleen went untreated. On March 4, 1987, while imprisoned at the Philadelphia House of Detention, plaintiff, 37, suffered a fall at the prison …
Article • May 15, 2007
New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 by New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 On July 7, 2002, a state court of claims in Syracuse, New York, awarded a prisoner $210,000 after concluding that prison medical personnel had negligently …
Article • May 15, 2007
Summary Judgment Denied to Doctor Who Failed to Act Promptly by The U.S. District Court for the Eastern District of Michigan granted summary judgment to a prison warden and deputy warden but denied it in part to a prison doctor in a medical deliberate indifference claim. Alfred Scicluna was convicted …
Article • May 15, 2007
BOP Denial of Knee Surgery Upheld by The plaintiff alleged that he was denied surgery to repair a painful knee condition because the original injury antedated his incarceration. The surgery was allegedly performed a week after he filed suit; the plaintiff denied that he had had the surgery and said …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Article • May 15, 2007
Police Beating Requiring Spleen Removal Actionable by The plaintiff alleged that he accompanied police officers to the station to assist in an investigation and that an officer kicked him and punched him, then told him the investigation was over and he could go home. After they took him home he …
Georgia Appeals Court Upholds $600,000 Judgment Against CMS by On July 5, 2001, the Court of Appeals of Georgia Upheld a trial court's $600,000 award to Stephanie Stitt, a former state prisoner, who suffered permanent nerve damage as a result of Correctional Medical Service's (CMS) egregiously inadequate treatment of her …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Article • May 15, 2007
Delay in Providing Surgery to Florida Prisoner States a Claim by A prisoner survived defendants' motion for summary judgment after the court found a genuine issue of material fact might exist as to whether a delay in treatment demonstrated deliberate indifference to a serious medical need. Seven prisoners from the …
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