Case details
Defense: Prisoner failed to cooperate with medical care
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
aggravation of pre-existing condition, digestive, gastrointestinal, liver
FACTS
From Nov. 21, 2006, through Feb. 8, 2011, plaintiff Michael Chess, a prisoner, was incarcerated at the High Desert State Prison in Susanville. He claimed that during that time, prison staff did not treat his pre-existing conditions, including Hepatitis C, resulting in the need for a liver transplant. Chess sued the director of corrections, J. Dovey; the warden, T. Felker; the doctors of the California Department of Corrections and Rehabilitation, Roche, James, Dial, Horensten, Abul and S. Abdur-Rahman; the physician’s assistants, G. Dudley and Anita David; and the nurse practitioners, Midge Miller, M. Reid and M. French. He alleged that the defendants’ actions constituted violations of the Eight Amendment. The court ultimately dismissed Horensten and Reid from the action. Thus, the matter proceeded against the remaining defendants. Chess claimed that there were at least 10 medical problems afflicting him during his incarceration and that despite Dial noting these medical maladies, prison staff did not offer him the proper medications. Chess alleged that the pain relievers prison staff gave him, such as Niacin, damaged his liver, which was already weakened by Hepatitis C. In addition, he claimed that Miller, Dudley, French, James and Roche made false statements on a 602 appeal to prevent and delay necessary treatment. Defense counsel noted that Chess entered the prison as a very ill man with maladies ranging from blindness in one eye to Hepatitis C, gallstones, a seizure disorder and a degenerative cervical disc disease. However, counsel argued that prison staff properly treated Chess and properly handled the inmate grievance he made in July 2007. Defense counsel contended that appropriate laboratory tests to measure Chess’ liver function were undertaken and a gastrointestinal consultation was ordered, but that Chess refused to cooperate with the appropriate medical care, including delaying a requested liver biopsy for over six months. Counsel further argued that Chess’ condition was monitored appropriately, and his medication dosages were scrutinized and adjusted where appropriate., Chess claimed that as a result of being denied treatment, he required a liver transplant that cost $144,000. Thus, he sought recovery of the cost of the transplant, plus $12,000 in punitive damages from each defendant. Defense counsel argued that Chess’ liver transplant had nothing to do with anything the defendants did or did not do. Instead, counsel argued that Chess was suffering from pre-existing conditions, which were well-treated, and that the plaintiff refused a liver biopsy for over one year.
COURT
United States District Court, Eastern District, Sacramento, CA
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