On June 12, 2015, three individuals incarcerated and suffering from complications due to Hepatitis C viral infections filed this class action suit in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Corrections under 42 U.S.C. § 1983, claiming violations of the Eighth Amendment, and of Article I § 13 of the Pennsylvania Constitution.

The plaintiffs, represented by private counsel, alleged that the DOC had a policy and practice of denying inmates diagnosed with Hepatitis C viral infections the necessary medical care. In denying care, the DOC placed the inmates at serious and unnecessary risk for irreparable harm and death. The plaintiffs estimated that 20% of the inmates were infected with Hepatitis C at the time of the lawsuit. The defendants did not authorize treatment with drugs that recently were established to be effective and the new standard of care, and in fact ceased providing treatment altogether. The plaintiffs sued for declaratory and injunctive relief.

On March 7, 2016, Judge John Padova ordered that the motion for class certification be stayed pending the resolution of defendant's motion to dismiss. On March 21, 2016, Judge Padova issued an order partially granting and partially denying defendants’ motion to dismiss.

As of September 2016, the parties are engaging in discovery and filing pre-trial motions.

Virginia Weeks - 09/29/2016


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