Case Result: Case Dismissed After Inmate Sued for Delay in Hepatitis C Treatment

Areas of Law:
42 U.S.C. § 1983 
Correctional Healthcare

Venue:
U.S. District Court for the Eastern District of Michigan (2015)

Verdict:
Dismissed on Summary Judgment; affirmed by the 6th U.S. Circuit Court of Appeals

Details:
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.

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.