Dedicated to representing correctional health care providers.

Charles Shehee v County Jail and Contracted Medical Provider

Area of Law:
Medical Malpractice
Civil Rights 42 U.S.C. §1983 – Monell claim

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

Verdict:
Dismissed – Summary Judgment

Details:
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.

Note: see our white paper on “Cost Containment of Inmate Medical Care Does Not Equate to Deliberate Indifference.”

Attorney:
Ronald Chapman


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 Florida Bar.


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