On June 10, 2015, inmates of the Massachusetts Department of Correction filed this class action lawsuit in the U.S. District Court District of Massachusetts. The plaintiffs sued the Massachusetts Partnership for Correctional Healthcare LLC (“MPCH”) and the Commissioner of the Massachusetts Department of Correction under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had repeatedly shown deliberate indifference to the serious medical needs of plaintiffs and the members of the class, who are infected with the Hepatitis C virus. The plaintiffs alleged that over 1,500 state prisoners in Massachusetts have Hepatitis C, but at the time only three were being treated for it, despite major advances in treatment of Hepatitis C made in 2014. The plaintiffs, represented by private counsel and Prisoners' Legal Services, sought declaratory and injunctive relief under the Eighth and Fourteenth Amendments.
On September 17, 2015, the defendants answered and asserted the affirmative defense that the plaintiffs failed to state claim upon which relief could be granted, and that the plaintiffs failed to exhaust administrative remedies under 42 U.S.C. 1993e(a); they also objected to class certification. On May 16, 2016, plaintiffs moved for class certification, and on July 22, 2016 Judge Nathaniel M. Gorton granted class certification, certifying a class of all current and future Massachusetts Department of Correction prisoners who have or will have Hepatitis C.
Sadly, one of the original plaintiffs passed away due to complications with his Hepatitis C and was removed from the litigation by an amended complaint filed with the court on July 29, 2016.
On January 11, 2017, the parties entered a joint motion to extend discovery until May 1, 2017. Since that date, the parties underwent discovery, with a trial date set for April 30, 2018. On March 9, 2018, the parties filed a joint motion requesting the court approve their settlement agreement. Under the terms of the settlement agreement, MPCH had to implement a new protocol to govern the testing, evaluation, and treatment of Hepatitis C; the DOC would hire a third party to monitor the progress of MPCH in implementing its protocol; and all class members and future prisoners with Hepatitis C were to be assigned priority levels, with corresponding treatment based on their priority level. On June 28, 2019, the parties appeared before Judge Gorton, who, finding that the settlement was fair, reasonable, and adequate, approved the settlement. On June 29, 2018, Judge Gorton filed an electronic order awarding the class counsel $270,000 for attorneys’ fees and $1,500 for expenses. The court enforced the settlement agreement until December 2020. As of April 1, 2021, there are no updates regarding the enforcement of the settlement.
Nichollas Dawson - 10/11/2017
Lisa Limb - 03/25/2019
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