On June 10, 2015, Massachusetts prisoners infected with the Hepatitis C virus filed this class action lawsuit in the U.S. District Court for the District of Massachusetts and the case was assigned to Judge Nathaniel Gorton. The plaintiffs sued the Massachusetts Department of Correction and the Massachusetts Partnership for Correctional Healthcare under 42 U.S.C. § 1983 for violations of the Eighth Amendment. The plaintiffs, represented by Prisoner Legal Services and private counsel, asked the court for declaratory and injunctive relief claiming that defendants were deliberately indifferent to the serious medical needs of plaintiffs and members of the class infected with the Hepatitis C virus.

Specifically, the plaintiffs claimed that the state refused to provide newer and more effective Hepatitis C treatments. Instead, the state knowingly delayed evaluating prisoners and consciously avoided knowledge of their treatment needs. The plaintiffs alleged that a vast number of prisoners with Hepatitis C were not being afforded the necessary testing to determine whether they should receive treatment.

On March 14, 2016, the plaintiffs filed notice that the named plaintiff had died. On July 29, 2016 the plaintiffs amended their complaint alleging the same claims but reflecting the recent change in lead plaintiff and defendant (the Commissioner of MDOC had also recently changed).

On January 17, 2017 the parties announced that they were amenable to mediation as discovery proceedings carried on. On February 9, 2018 the parties announced to the court that they had reached a settlement on all terms and submitted a joint motion for approval the following month. The agreement stipulated that the DOC would arrange for its contracted medical provider to implement a new protocol for Hepatitis C testing and treatment. Treatment levels in the agreement varied depending on the class member’s assignment of a Priority Level. The settlement also required the DOC to hire a third party to monitor progress of care. The parties further agreed that written notice was to be issued to class members and asked the court to retain jurisdiction during the 30-month settlement term. In addition, the settlement included attorneys' fees and costs including $270,000 for attorneys fees and $1,500 for expenses.

Judge Gorton granted the settlement on June 28, 2018 despite multiple objections from class members requesting monetary damages. The court will continue to enforce the settlement agreement until December 2020. The case is ongoing.

Lakshmi Gopal - 10/17/2015
Will McCartney - 02/18/2018
Richa Bijlani - 11/24/2019


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