Class Action Lawsuit?

[fretboard]

Any views or thoughts on this current HepC news.  Is it positive?  I think it’s positive only b/c it brings the fact of HepC to the public eye, sure everyone deserves tx, but how far should we go?   Anyone?


LOS ANGELES – In a recent Associated Press article, about 30,000 California state prison inmates filed a class action lawsuit claiming insufficient health care for those with hepatitis C.
The lead plaintiff, Kevin Jackson, was diagnosed with advanced liver disease due to hepatitis C infection in 2007 and claims he has repeatedly been denied treatment since. The director of health services for California state prisons, Robin Dezember is named as the defendant.
This lawsuit comes after a collapsed settlement of another lawsuit claiming the prisons are overpopulated. The issue is raised again in the current suit, which claims overcrowding violates prisoner rights and leads to poor health care.
July 10, 2008

[streamline569]

Everyone has the right to health care. Let's not forget they are privatizing prisons and don't forget the poor souls who probably don't even belong there. Besides all that I still think that everyone has the right to health, too many of us have fallen through the cracks or are very close to losing our health care and being lock out of the system forever.....

[nygirl7]

Molly do you know how much average treatment costs? My course of treatment cost over $200,000 x say a million convicts getting treatment, who's going to pay for that???? Not me. Sorry.

Many many prison inmates have hcv yes but most of the time, HCV is a very slowly progressing disease and they would have plenty of time to wait until they are released, get a job and have their medical insurance pay for it.  There usually is no reason to have to treat immediately, if prison starts treating for HCV with no legitimate reason of immediate peril then what else will people with no insurance be willing to do to get into jail to get free medical and dental? Reward them for raping and killing and my tax money should pay for it?

Dont get me wrong my husband was often in jail with alcohol and drug issues and he had HCV but I wouldn't have asked that prison pay for him and then take the money out of hard working Americans pay checks.

Look at that poor woman on the medical side desperate to get her end stage husband help........well he could go rob somebody and get into jail and then ask them for a liver transplant?

And I dont understand about population control, these people have a choice in their lives yet choose to break the law.  It's kind of their choice to be there in a way.  

I'd rather pay for the other woman's husband with my tax money.

Sorry. But this is no big conspiracy and convicts do get basic healthcare in prison, even dentistry.

[mollybaby]

they claim the hep c issues are going to over tax our healthcare system. Stands to reason any inmate should be treated especially before release if they want this issue to be resolved. Everyone has the right to healthcare even inmates. What kind of society do we really live in?? Sounds as if population control has come into play....

[eureka254]

Fretboard:
Coming into this thread a little late, but very interesting post, lots of food for thought!

Pigeonca:  I'm with you, but many people exclude "cruel and unusual" when referring to our convicted prisoner population, don't you think?

Andromeda:  "There's also a constitutional right of freedom of speech  - gone - no longer exists ..."  etc.--------------
Whoa, lots of constitutional bashing there!  Actually, the US Constitutional Bill of Rights is still intact...it isn't quite gone... YET.  My view is that every individual SHOULD have the ability to pursue and practice those rights -- if we don't, it is only because we have LET them get taken away from us (or others), or refused to stand up for them.  Our  current reality, undoubtedly, is far from what the Forefathers envisioned, but the ideal is up to each and everyone of us to make real.  The promises of the Constitution become just words ONLY if we as individuals don't believe they are valid anymore.

That being said, I think the lawsuit is a symptom of much bigger problems, on many fronts. (At the other spectrum, Vietnam veterans also have an extremely high incidence of HCV, but though some have tried, few have been successful in holding the government accountable, and these are our soldiers!)  From the HCV standpoint, I think moahunter's and alagirl's experiences truly underscore the need to view the exiting prison population as a "high-risk" for infecting others.  Whatever we can do to combat this disease and eliminate it from the human population is in everyone's best interest.

~eureka

[fretboard]

I hope others read this thread and see how much heart you have.  I am glad you're at least open to the thought, because your unfortunate story does have definite market potential and public interest value.  I often forget specifics unless I ask them, and yes I do ask alot of questions.  As I was about to ask you what genotype you are I just looked at your profile and read your whole story.  God I feel so dumb as I looked there the other day and I don't know if I read it or not, I don't know if anyone has brain fog as a symptom prior to tx, but that has been one of my worst symptoms.  I remember looking at the picture, but I don't think the rest of it registered until tonight.  Keep us posted on your progress, I will add you to my prayer list as I am always praying for someone and if I don't pray at night I pray during the day.  God Bless    

[jdwithhcv]

Your story would be a great way to raise awareness that the risk of HCV is not confined to IV drug users.  

[moahunter]

I actually had that thought as well -perhaps even something like Larry King, or maybe just local newspapers/tv. There is plenty of historical news / tv media coverage available that could be used (lots of dramatic pictures of police with guns, blood, etc.), I headlined the local tv news for 3 days, and was invited on national news as well (I wasn't really up to it at the time). I was back on the front pages and tv news after infection was announced. On the one hand, I don't really want to do the media junkie thing, and want to get on with my life. But on the other hand, it may be worth it to publicise this disease a bit more. If I am SVR, I may consider this. At the moment, the reason I am lurking on here as I am a bit jumpy waiting for results, and thinking about this a bit more than I have the last few months as a result.

[fretboard]

I just had to ask as nobody seems to know how much blood needs to be transmitted in order for someone to become infected.  In the case of a needle stick it takes very little if it happens to a nurse on duty who, is not drawing blood.  Phlebotimist seem to get accidentally poked quite a bit and the stats are higher for them getting accidentally stuck as opposed to nurses.  I know in your case there was blood everywhere.  I'm sorry that you had to go thru all that trouble first fighting for your life against the intruder, then fighting the HepC virus for your life, or better life.  Something that would open up society's view and possibly sway some of the stigma surrounding HepC would be if Hollywood would make a movie, of a story like yours.  They could have someone like Hilary Swank or even Angelina Jolie play the innocent victim, that would surely make ppl think.  Or even a book written by Anne Rule the top true crime writer in the world as far as I know.  Oh, I know you're not interested in sharing your life story and I'm not sugessting that you write a book or try to sell your story.  All I'm saying is something similar to your tragic situation would be sellable because it's not about a drug user and it's not about any high risk areas which concern drugs, is all.  Like orphanedhawk said "I wish there were a way to make people as aware of HCV as they are of AIDS".  That's all I'm referring to.  Take care and God Bless      

[moahunter]

It was blood to blood contact, probably when we were struggling, or possibly towards the end of hostage taking. My fingers were cut (struggling with knife), neck, and arm, by the knife. I think fingers are the most likely source of infection, as I would have touched my assailant during the assault. My assailant was cut very after throwing his hand through window, I don't think he was cut before that (but I am not sure). We were both bleeding - alot of blood was left over in the house, I don't know how much was mine or his. I was baseline tested negative that evening, so we know this was source of infection. The event only lasted about 15 minutes (police were on the scene almost instantly, and even fired a shot in the house), so I don't know if blood can not be fresh in that span of time. I think fighting is a significant risk of Hep C infection, per my experience.

[fretboard]

"I beleive in kindness and compassion so of course I see this as good.
However, I wish there were more news concerning HCV and that it isn't just "that druggie' disease.  I wish there were a way to make people as aware of HCV as they are of AIDS".

I agree with you totally and maybe somebody will chime in with an idea or something?

Moahunter- I hate to bug you about your terrible road to HepC, but how did it happen that his knife infected you?  Was it from visable blood, dry blood or what?  Do you know?  God Bless

[orphanedhawk]

I looked at your info. and it says your boyfriend was pulled from a clincal trial due to sideeffects and now they say he has fatty liver. He needs to see a good doctor.

Meds are available for free from Roche and Sherring-Plough, the manufacturers of interferon. Do an online seach and you'll find thier free phone number.

Please don't begrudge a prisoner treatment because of your situation. Our taxes should be giving us all good health care instead of being sent overseas. The problem is political.

[orphanedhawk]

I beleive in kindness and compassion so of course I see this as good.

However, I wish there were more news concerning HCV and that it isn't just "that druggie' disease.

I wish there were a way to make people as aware of HCV as they are of AIDS.
I think if the numbers of cases of people with HCV and how fast it is increasing were known more people would be concerned.

[moahunter]

He got extra time (9 years in total), although I paid a small price for that, it required my infection to be made public in the Court, hence, everyone knows I have the disease as it was published on tv / newspapers, etc. Not that I mind that much, it has been interesting how many people I knew, had the disease, who came up to me and discussed it (knowing that I share the same condition so they could discuss in confidence). A bit of a pain having to explain what Hep C is to people all the time though.

I actually think I'm much luckier than most heppers, although I had acute symptoms (not pleasent), at least I knew what it was, and treatment could be started straight away. I think it's probably worse not knowing how you got the disease, or having got it from something stupid you did as a kid (when no-body knew the risk), or from a partner, or having lived with years of damage before realizing it. There is no "good" or "bad" way to get this disease, it's just something we have (or hopefully for me, had, I will find out 6 months post results soon). It is frustrating though to me, that the prision population is probably going to be a source for this disease circling around though, until eventually a more acceptable treatment is found.

[fretboard]

I know this lawsuit isn't fair to everyone and I'm glad you spoke up.  I don't know the process to get drugs for free from Pegasys or any of those companies, but maybe your husband can get in a trial.  Maybe someone could chime in and give you some direction.  Check out clinicaltrials.gov.  If I needed to get tx'ed and I didn't have any money to see a doctor I would contact the places that provide medical care for HIV and Aids patients and see if they could help.  I'm serious about that b/c most of those places are into helping ppl and sometimes it doesn't matter what you have they know where you can go if they can't help you.  Also, see if there is a Harm Reduction Services in your area, I'm sure they can give you direction.  Good Luck  

moahunter - It's such a sad terrible story of how you got infected.  Did that guy get any extra time for infecting you?  Once again I come across a story that just makes me cringe and go thru so many emotions all at once, mostly anger.  I don't feel anything for that dude at all and a crack head to boot.  The drug I absolutely hate, I've never used it but I've seen the damage done and I just hate it with a passion.  I don't know how you came to terms with it.  I don't know how Alagirl came to terms with what happened to her.  I guess you just go forward because of your family.  It's not really the nature of a lady to get even I guess, besides how the hell could you even that score?  God Bless

[moahunter]

I have a friend who is a prision officer (well, just remand centre)- he tells me it is almost impossible to search people sufficiently to prevent drugs entering - people are coming and going all the time. I wonder to what extent it is considered a problem as well, as in, I'm not sure if the guards really care that much if it keeps prisioners occupied.

Fretboard - my incident was in no way sexual. Basically, the bloke stole a car, police chased him, and he crashed, then, in a high state, decided to use his knife to try and take a hostage (I fought with him, my family got away - hostage situation with police). Me and my family were lucky I guess, it turned out OK. The interesting thing is that after police fired a shot, and my assailant became badly injured (almost severed his thumb throwing hand throw window), he calmed down and started talking about his family, his kids, etc. I don't really have anything personal against him, my house was just in the wrong place at the wrong time. Even talking to the crown prosecutor, he broke down and cried after being told of my infection. Interestingly in a hostage situation, the hostage is often sympathetic to the person who ultimatley let them go, so maybe that is clouding my view a bit, but I actually think he is someone who could be reformed, if he could get onto the right program that gets him away from drugs. As to whether that is possible in the prision system, you would have more knowledge than me - I do think though that unless people can be cleaned up, there is not much point in treatment - getting the drug problem dealt with first is a bigger priority. I fear the reverse sometimes happens though - if anything, prision may be exasperating the cycle.

[dpeloza]

i must say that for a prisoner to get treated before a lawabiding citizen is outrageous
we have tried to get treatment other than a study for my boyfriend for a long time he just wants the regular treatment we have no insurance and the goverment ( local health department ) DOES NOT treat hep C you can't get medicade unless you are disabled what are we supposed to do
i guess he can go to prison and then he can get treatment.........

[fretboard]

I apologize to both of you for what happened to you, although I knew ppl who come out of prison and fail their parole thru a dirty test I don't know any that use violence against women.  Also I guess I should realize that HepC is spread thru sex and especially violence and rape.  I don't associate with ppl like the two bassturds that violated your lives, but in defense of drug addicts I can tell you that some people are evil.  My money says that regardless of drug use those two were perverts and evil a$$holes way before drug use.  When I served jail time I ran into ppl that were criminals first and thru going thru the system became drug users.  TY Moa for speaking your mind, when I'm on here I don't sugar coat sh!t and I appreciate it when everyone else speaks their mind as well.  Alagirl, I realized after I posted that there was actually something wrong with med helps side and not yours at all.  On a different note, I did use dope in jail, a few times on a little binky, that was obviously smuggled in, however in prison it's a city within a city and the inmates work in the dispensaries.  Trust me on this, although they are hard to find sometimes, syringes are there and so is the dope.  Now I hope we can move onward with this subject or something else to talk about.  You both have a good day.  

[alagirl]

sorry, that last comment was addressed to you

[alagirl]

how do people even GET needles in prison?  or do I want to know....

[alagirl]

Rofl - so sorry.  my computer is manic today.  or maybe its just the person behind the computer ;)

I didn't even realize I'd posted so many times til I read your response.  

[moahunter]

Further to that - my point being, it is drug use that is the primary reason that Hep C continues to spread in prisions - the prision system is awash in drugs, and when prisioners come out, the cycle just carries on. I do think there needs to be some sort of system to rehabilitate those who are willing to get off drugs, and those prisioners who acheive that, could be offered treatment. The frustrating thing at the moment is that when my assailiant comes out he may be every bit as addicted to drugs as when he came out last time. I'd rather he be required to "clean up" in prision, and prove he was clean, before being released, but that's another story I guess. I think the class action suit is ridiculous though, because the majority of the prisioners in the suit, I am betting, are using drugs at the moment.

[moahunter]

My assailaints last address was the prision. He hadn't even got a place to live, before he got high on crack, stole a car, crashed outside my house, broke into my house, fought with me (knife), infected me with Hep C. Prisions are the breeding ground for a lot of the Hep C in society, it spreads within prision, and it spreads when prisioners come out. My virologist told me that half her patients are prisioners (maybe Canada gives better care?), what typically happens is they get out on parole, fail the terms of parole (as drug tested during parole), serve out entire sentence, then go straight back to drug use.

Unless prisioners are drug tested and can prove they are clean, I don't see the point in treatment, the odds of reinfection are just too high IMO.  

[fretboard]

Jd, I'll leave you a link in just a minute.

Whoa!  Alagirl, I certainly didn't mean to exclude men who got raped or anything at all like that, I don't know why you just gave me 5 posts, but trust me I don't deserve that.  I even say that all our prisoner's need to be tx'ed even the one's who did krappy things and that was used in the context of crimes against women and children.  No where did I ever say don't tx the men who got raped, it didn't come to mind when I posted, that's all.  It certainly doesn't matter to me how a person got infected, I hope nobody else thought the same way you did.  Hey I got my HepC from using dope so believe me when I say I am no better than anyone else and I am sorry if anyone got offended.  later    


http://www.cdcr.ca.gov/Reports_Research/index.html

[jdwithhcv]

What was the holding of Plata v. Davis?  Do you have a citation for that case?  I'd like to read it.

jd