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| Court: Hepatitis C Treatment Not Improperly Denied N.Y. Inmate |
| By Associated Press |
| Published: 07/02/2003 |
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New York prison administrators did not improperly deny an inmate treatment for hepatitis C, in large part because the prisoner has failed to undergo drug treatment first, a state appeals court ruled. The ruling upheld the state Department of Correctional Services' rules on which prisoners get treatment for hepatitis C, one of the leading health concerns among the 66,000-inmate population in state prisons. Andrew Sandsom had argued that the refusal of prison administrators to supply him with hepatitis C drugs constituted cruel and unusual punishment. But the Appellate Division of state Supreme Court said Sandsom has to prove that there was 'deliberate indifference' on the part of prison officials for the inmate's cruel-and-unusual-punishment claim to stand. On the contrary, the judges said Sandsom failed to meet some 'reasonable' treatment prerequisites for inmates set down by prison administrators. The court said Sandsom failed to demonstrate 'continuing abstinence from substance abuse by successfully completing a substance abuse treatment program.' 'Not only has petitioner (Sandsom) failed to complete such a program, but it appears that he has continued to abuse controlled substances during his incarceration,' the five-judge panel wrote in a ruling dated June 19. Prison records show that Sandsom, serving an eight-to-10-year sentence for robbery, was found guilty of prison drug use in April 2001 and May 2002. Officials said he was removed from a drug treatment program at Great Meadow state prison in January 2003 for disciplinary reasons, and that he is now in a program at Attica state prison. Inmate advocates have criticized the state prison system for the fact that only about 200 of the 9,000 inmates suspected of having been exposed to hepatitis C are receiving treatment. 'It is a real significant issue,' said Robert Gangi, head of the state Correctional Association prison watchdog group. 'There are a significant number of people in the state prison system who, in our judgment, should be getting treatment and are not.' Department of Correctional Services spokesman James Flateau said exposure to hepatitis C does not necessarily mean inmates are infected with the liver-damaging disease. Only about 10 percent of those exposed will get hepatitis C, Flateau said, but it may take decades for the disease to develop. Prison health administrators follow guidelines by the National Institutes of Health when deciding hepatitis C protocols, Flateau said. They also consult with the Centers for Disease Control and Prevention, he said. The NIH had recommended against starting hepatitis C drug treatment for intravenous drug users, but the institutes last September said limited evidence suggests that treatment may still be effective for active drug users. Flateau said prison officials believe the bulk of the evidence still indicates that inmates should be drug-free before getting hepatitis C treatment. The state also says inmates must have enough time left in their sentences to assure that the treatment regimen can be completed while the prisoner remains behind bars. Starting the drug treatments but not completing them _ the process takes about one year _ essentially assures that the drugs will be ineffective against hepatitis C if treatment is tried again in the future, health experts say. 'While inmates and their lobbyists might feel more inmates should be in treatment, we follow federal guidelines and not the wishes of inmates and their advocates,' Flateau said. |
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