Case Result: Prisoner Argued Change in Medication Led to Fall, Spine Injury; Summary Judgment Entered

Areas of Law:
42 U.S.C. § 1983 (Monell claim)
Medical Malpractice
Correctional Healthcare

U.S. District Court for the Eastern District of Michigan (2014)

Verdict:
Dismissed on Summary Judgment

Details:
Plaintiff Shehee was diagnosed with Type II diabetes and placed on Lantus one month before being incarcerated in the county jail. The on-duty physician changed Plaintiff’s medication from Lantus to NPH 70/30. For five months, Plaintiff continued to receive his medication twice daily without incident. His HA1C remained high.

On Sept. 30, he received his morning insulin and at 9:30 a.m. became dizzy and fell, hitting his head. He suffered a fractured cervical spine, was operated on twice, and spent three weeks in the hospital.

In suing, he asserted a Monell claim that Lantus was discontinued to save money with no legitimate medical purpose. Plaintiff attempted to admit newspaper articles and other cases alleging cost savings in correctional medical care lead to deliberate indifference.

The court disagreed and the case was dismissed following our summary judgment motion.

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.