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Old 08-18-2003, 10:55 PM
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Default Lawsuit or Not ?? Help !!!

Ok, tonight I recieved a call from Vernon's friends girlfriend. Her and I have been very close over the last few months. We go and visit our guys on the same days and all, we talk on the phone and sometimes we share a room on the weekend to see our guys on Saturday and Sunday. Well tonight she gave me some bad news. Her sweetie has been locked up for 2 years now, and when they get locked up of course they run all the necessary blood work.. All was supposidly ok then. Well a few months ago, he got in some trouble and was sent to lock down for 30 days and they took some more blood then. They called him into medical today and asked him how his Hepatitis C was doing ??? He was never told that he had it. He was told that he was negative for A & B. So for 2 months the prison has known that he has this and didnt treat him...

Any advice would be so greatly appreciated........
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Old 08-19-2003, 12:41 AM
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Treatment of Hepatitis C with antiviral drugs is usually recommended for those patients who are at highest risk for disease progression to cirrhosis. When patients have less severe symptoms, or compensated cirrhosis, the risk of antiviral treatment may outweigh the benefits. He should discuss treatment options with his doctor. I don't think you need a lawyer yet.
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Old 08-19-2003, 02:03 AM
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Don't be too upset over this it is treatable, and most that are locked up do get it.
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Old 08-19-2003, 10:15 AM
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Looking at this from a legal perspective, I doubt very much that your friend would have a tort claim.

Hepatitis C is a blood-borne disease, not related to unsanitary living conditions, for example, as other diseases would be.

I'm not really clear on what grounds you might think would be claimed in a civil action. Failure to notify ? Failure to treat ? Either one of those would fail.

Hepatitis C is known as the "Silent Epidemic". It usually progresses slowly over many years. Most people who are infected with hepatitis C are not aware of any noticeable symptoms for as long as 10 to 20 years after they are infected. Detection is just as difficult, even with blood tests. In fact, by the time symptoms appear, the virus has probably already begun to damage the liver.

Your friend could have contracted HepC in many different ways. If he has received a blood transfusion prior to 1992 (surgery, for example) or a blood-clotting product made before 1987, he could have been exposed. Had he come into contact with the blood of an infected person, he could be exposed to the virus.

Intravenous drug users are especially at risk for Hepatitis C. You might want to look at the CAUSE of the disease, rather than looking to place blame (No offense intended). There is no clear indication of liability on the part of the institution or the State Department of Corrections. It is not always possible to detect the HepC virus in blood testing, and as indicated already, it can take literally 10 to 30 years to develop into a discernible illness.

HepC is often treated with pegylated interferon injections under the skin three times a week. HepC is not curable, but can be treated, and the progression can be slowed somewhat. It almost always leads to liver failure.

The bottom line is, it's unfortunate that your friend has contracted HepC, which is usually picked up through unfortunate and unexpected exposure to infected blood, or through personal bad habits (IV drug use, male homosexual activity, etc.). The best course here is treatment. There doesn't appear to be any negligence on the part of anyone else, rising to the level of a lawsuit.
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Old 08-19-2003, 11:11 AM
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Well, I'm an RN as well as a Legal Nurse Consultant in the state of New York. Usually in order to win a medical malpractice claim some sort of injury has to occur. Was he injured by not knowing he had hep c for 2 months? probably not. I agree it would have been nice to know and not kept in the dark, but severe or irreversible injury for not knowing, no. Also, a civil judgement like this is decided by a jury, and unfortunately the sad truth is; Who are they going to side with, the doctor or a convicted felon?
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Old 08-19-2003, 11:38 AM
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So many now are trying to sue cause of lack of treatment. It does not work.
I will keep your friend in my prayers
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Old 08-19-2003, 12:21 PM
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Lawdog you never fail to amaze me. Your medical info was right on. He annyone would like additional information on A,B, C HIV or Aids your local American Red Cross chapter has some ver good and informtive material aviable at no cost as does your local health departments plus the American Red Cross does have some course in HIV, Aids A,B, and C which will help you understand the issues with these medical conditions. With current medical advances and if your friend takes care of himself physically and with proper medication he should have many healthly years yet to come. But I must say each person is different and this condition progresses many times in it own way and in its own time. May God Bless him and you and give you both the strength and peace that only he can give. mikeinpa.
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