Area of Law:
Civil Rights 42 USC 1983
U. S. District Court for the Eastern District of Michigan (2015)
Dismissed on Summary Judgment; affirmed by the 6th U.S. Circuit Court of Appeals
Plaintiff Allen is incarcerated with the Michigan Department of Corrections and has Hepatitis B, C, and D. She first received Viread to treat her Hepatitis B with Hepatitis D co-infection in 2010-11. That treatment accomplished as much as it could for Plaintiff, short of treatment with Peginterferon, which was the next step. Plaintiff then received Peginterferon and Ribavirin treatment for Hepatitis C, in 2011. Unfortunately, that treatment failed.
Plaintiff sued Defendant Medical Providers, contending that her Hepatitis C treatment was improperly delayed and that she should have been treated for Hepatitis C first instead of Hepatitis B.
The Court granted summary judgment, opining that Plaintiff had not established a serious medical need pursuant to 42 U.S.C. §1983, because when Hepatitis C is in its’ early stages, it does not urgently require treatment. The Court further determined that Defendant Medical Providers provided appropriate medical care, and that Plaintiff could not establish any damages as the result of the alleged delay in treatment.
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