Area of Law:
Civil Rights 42 U.S.C. §1983 – Monell claim
U. S. District Court for the Eastern District of Michigan (2014)
Dismissed – Summary Judgment
Plaintiff was diagnosed with Type II diabetes and placed on Lantus one month before being incarcerated in the county jail. The on duty physician changed his 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 0930 hours became dizzy and fell hitting his head. He suffered a fractured cervical spine and was operated on twice, spending three weeks in the hospital. He sued alleging 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.
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