Tennessee inmate lawsuit over hepatitis C granted class action status
Thousands of Tennessee inmates suffering from a hepatitis C epidemic in state prisons are one step closer to receiving life-saving medication currently provided to a select few.
U.S. District Chief Judge Waverly Crenshaw granted class action status Thursday to a lawsuit filed by two state inmates against the Tennessee Department of Correction. That means that every current or future inmate infected with the potentially deadly liver disease could be in line to receive better treatment.
The lawsuit, filed by inmates Charles Graham and Russell Davis, calls on the department to provide medication that can treat hepatitis C to every infected Tennessee inmate, a move experts believe would drastically cut down on the spread of the disease inside and outside of prison but could cost the state hundreds of millions of dollars.
"Judge Crenshaw’s order is the first victory for plaintiffs in their larger legal battle to ultimately force the Department of Correction to diagnose and treat inmates suffering from hepatitis C according to universally accepted minimum medical standards," said Karla Campbell, the lead attorney representing the inmates in the case.
Almost every infected inmate is not receiving treatment
The department fought the class action status, saying by denying access to the costly but effective medication that they were not violating constitutional rights to care. They also note that there is a treatment protocol established by the state, and that in some cases people with hepatitis C do not require medication in order to overcome the disease.
But a 2016 investigation from The Tennessean showed the many shortcomings of the department's policies and the staggering number of inmates suffering who received no medical treatment. In April 2016, the investigation found 3,487 inmates suffering from hepatitis C, while only eight were receiving treatment. As of November, at least 3,669 inmates suffered from hepatitis C with seven undergoing the best available treatment. Experts suspect the real number of infected inmates could be much higher, because the department doesn't test every inmate entering their facilities.
There are medicines available that can cure almost every patient, but the regimens can cost $80,000 or more per person.
The department countered that they were offering treatment because they were drawing blood. A national expert told The Tennessean their efforts did not meet standards of treatment.
Crenshaw disagreed with the department's defenses, noting the arguments didn't apply to a class action determination. The decision to grant class action status has less to do with the actual merits of the case, but rather whether there is an argument that many people in similar situations should be treated together in the lawsuit. "Plaintiffs are not simply disagreeing with a doctor’s course of treatment for a particular person. They are attacking TDOC’s statewide policies and procedures applicable to all inmates with hepatitis C," Crenshaw wrote.
Department spokeswoman Alison Randgaard said it would be inappropriate to comment on the class certification because the lawsuit is pending.
"The department is committed to providing the community standard of care to all inmates," Randgaard said.
More money for treatment still up in the air
The ACLU of Tennessee and advocacy organization Disability Rights Tennessee are also on the inmates' legal team. Both heralded the judge's decision.
“This class certification reinforces the major impact this case has on public health in Tennessee as a whole. The vast majority of Tennesseans in state custody will eventually be released, making both treatment and a failure to treat a public health issue,” said Disability Rights Tennessee attorney Liz Logsdon in a news release.
Jeannie Alexander, a former prison chaplain and current leader of advocacy organization No Exceptions Prison Collective, said the class action status is another signal that the department needs to pay more attention to the quality of life for the thousands of men and women in their care.
“Over and over again, there are issues with health care, there are issues with conditions brought to the attention of department of corrections, and brought to the attention of politicians. But when those cries for help fall on deaf ears, and individuals who have the power to changes things won't do so, we’re going to make sure they have to provide that health care. That's the bottom line," Alexander said.
In late 2016, Department Commissioner Tony Parker asked for $4 million in additional money to combat hepatitis C. However, Gov. Bill Haslam only funded half of that request. Lawmakers are still jockeying to determine final budget figures for next year.
Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.
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