IDAHO PRISONERS FILE HEPATITIS-C LAWSUIT AGAINST IDOC

(Guest post by Phillip Turney)

Inmates at the Idaho Department of Correction (IDOC) have filed a class action lawsuit alleging the state fails to provide meaningful medical treatment for patients infected with the Hepatitis-C Virus (HCV).

The suit, filed January 2, 2018 in federal court in Boise claims that corrections officials, together with its contracted medical provider Corizon Health, are discriminating against prisoners with with HCV and have failed to provide the community standard-of-care for treatment of hepatitis C patients.

As many as 3,000 Idaho prisoners are known to be positive for HCV. State law (Idaho Code 39-601and 39-604) mandates that inmates be screened upon entering prison, and again before release. If infected with a communicable disease, they are supposed to receive treatment. IDOC has treated less than 60 prisoners with current era medications.

In 2013 a virtual breakthrough in medicine occurred when direct acting antiviral medications (DAA's) came to market which cure HCV at >95% rate of success - one pill per day over an 8 to 12 week period. The only downside was the cost - initially $100,000. Today, newer versions of the DAA meds cost between $26,000 and $35,000 - - - if Idaho were to join other states by participating in block or group Rx purchase options.

The IDOC has not yet commented on the pending lawsuit, but did request $3 million in additional funding from the 2018 state legislature, purportedly for HCV treatment. The inmate plaintiffs assert that this is a band-aid approach to the problem and woefully inadequate to address constitutional violations.

PHILLIP A. TURNEY, et al, v. HENRY ATENCIO, IDOC: CORIZON, et al., Case No. 1:18-cv-001-BLW / U.S. District Court [Idaho]

(All facts, statutes and other data cited are provided by guest post author)