Case Dismissed After Inmate Sued for Delay in Hepatitis C Treatment

Area of Law:
Civil Rights 42 U.S.C. §1983

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

Dismissed – Summary Judgment; Affirmed by the United States Court of Appeals for the Sixth Circuit

Ms. Allen is incarcerated with the Michigan Department of Corrections and has Hepatitis B, C, and D. Ms. Allen first received Viread to treat her Hepatitis B with Hepatitis D co-infection in 2010-2011. That treatment accomplished as much as it could for Ms. Allen, short of treatment with Peginterferon, which was the next step. Ms. Allen then received Peginterferon and Ribavirin treatment for Hepatitis C, in 2011. Unfortunately, that treatment failed. Ms. Allen sued Defendant Medical Providers, alleging that her Hepatitis C treatment was improperly delayed and alleging that she should have been treated for Hepatitis C first instead of Hepatitis B. The Court granted summary judgment, opining that Ms. Allen 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 opined that Defendant Medical Providers provided appropriate medical care and that Ms. Allen could not establish any damages, as the result of the alleged delay in treatment.

Ronald Chapman
Carly Van Thomme

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