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Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
Article • November 15, 2006 • from PLN November, 2006
$1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer by The U.S. District Court for the Eastern District of New York on September 6, 2005, awarded $1,156,149 to former Bureau of Prisons (BOP) prisoner Hernando Lopez for failure to diagnose and treat throat cancer over …
Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) is forcefully having its failed healthcare system both corrected and rehabilitated. Despite court-ordered healthcare …
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 …
Maryland's PHS Prison Health Care Under Fire, New System Implemented by by Michael Rigby A Maryland prison is no place to get sick. Virtually every facet of prisoner health care, which has been provided by Tennessee-based Prison Health Services (PHS) since 2000, is in disarray. Prisoners sometimes receive the wrong …
Judge Reduces Damage Award Against PHS In New York Jail Heart Attack Suit by by John E. Dannenberg In July 2005, a New York federal jury awarded $150,000 in compensatory damages and $632,988 in punitive damages to a jail prisoner who suffered permanent disabilities when treatment for his heart attack …
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 …
Colorado DOC's Medical Oversight Found Remiss by G.A. Bowers An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors. In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the CDOC …
Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner by The Eleventh Circuit Court of Appeals has held that a concubine and her children could not sue for damages resulting from the cancer death of federal prisoner Jose Miguel Ruiz. This action was brought under the Federal Tort …
Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems by Michael Rigby An outbreak of staph infection, the delayed treatment of a brain tumor, and a preventable heart attack are just a few of the problems Tennessee prisoners have faced while in the care of private contractors. In September …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Santa Fe Guards Rape Prisoners, Neglect Kills Another by Gary Hunter Two female prisoners were raped by Santa Fe jail guards within a ninety-day period. Santa Fe guards have been implicated in at least eight sexual assaults since 1999. Two of the victims were-minors. In April 2003, John Robertson, 39, …
Temporary Injunction Issued in Alabama Suit by On June 26, 2003, the parties in Baker v. Campbell agreed to the entry of a temporary preliminary injunction which, among other things, provides for "immediate" and "adequate" medical care for Alabama prisoners with serious illnesses. The "Preliminary Injunction Settlement Agreement" stems from …
Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, HIV/AIDS, Cancer
$1,500 for Refusal to Treat HIV Positive Cancer Patient by $1,500 for refusal to treat HIV positive cancer patient In 1996, Samuel Page was confined at the WSP. Mr. Page is HIV positive and had cancer. When he sought treatment for his condition, Dr. Alfred Marur, the contract physician for …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Supreme Court Restricts ADA by Roger Smith The U.S. Supreme Court overruled an Eleventh Circuit Court of Appeals decision allowing disabled persons to sue State employers for money damages in federal court under Title I of the Americans With Disabilities Act (ADA). 42 U.S.C. § 12112. The 54 majority held …
Eight Prisoner Deaths in California Women's Prison by Silja JA Talvi Eight Prisoner Deaths In California Women's Prison Revive Concerns About Medical Care, Availibility Of Compassionate Release by Silja J.A. Talvi The deaths of eight female prisoners within a seven-week period at a California women's prison have sparked a new …
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