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Colorado DOC Will Spend $41 Million to Treat Hepatitis C


— September 24, 2018

Colorado DOC Will Spend $41 Million to Treat Hepatitis C


The Colorado State Claims Board has signed off on a settlement asking the Colorado Department of Corrections (CDOC) to spend $41 million over two years to treat all prisoners infected with hepatitis C.  The American Civil Liberties Union (ACLU) of Colorado represented four of these prisoners in a class-action lawsuit.

The CDOC will spend $20.5 million to treat infections during the current fiscal year which ends in June 2019, and the remainder in the next fiscal year.  The settlement also means the CDOC will no longer require inmates to go through drug or alcohol treatment as a precondition, and the treatment for chronic hepatitis C infection will not be refused due to disciplinary violation.

“Thousands of prisoners who were forced to suffer through needless barriers to treatment now have access to life-saving medication,” said Mark Silverstein, ACLU of Colorado legal director. “This is a just and humane result that will save dollars in the long run.”

Colorado DOC Will Spend $41 Million to Treat Hepatitis C
Photo by Benjamin Ranger on Unsplash

Mark Fairbairn, spokesperson for the CDOC, stated that the department’s leadership worked “proactively and responsibly” with the state’s legislature to secure funding.  “The signed agreement does not include any monetary payout,” he clarified.

“It’s gratifying to achieve such a good result not just for prisoners in Colorado who have been suffering with this disease for so long, but also to achieve a model for states across the country that face the exact same challenges that we see in Colorado,” said attorney Christopher Beall, who worked on the case with the ACLU. “We regard this settlement as a victory for all prisoners.”

The prison system will provide the ACLU with quarterly reports through July 2020 about the treatment of hepatitis-infected prisoners to ensure they are staying on track and meeting treatment obligations.  The state will also pay attorneys’ fees and costs to the attorneys in the class-action totaling $175,000.  The agreement has officially been approved by all parties and the lawsuit has been dismissed.

“Thousands of prisoners who were forced to suffer through needless barriers to treatment now have access to life-saving medication,” said Mark Silverstein, ACLU of Colorado legal director. “This is a just and humane result that will save dollars in the long run.”

“It’s gratifying to achieve such a good result not just for prisoners in Colorado who have been suffering with this disease for so long, but also to achieve a model for states across the country that face the exact same challenges that we see in Colorado,” said attorney Christopher Beall, who worked on the case with the ACLU.

Family members of those who’ve suffered for so long are especially grateful.  They’ve been waiting for a long time to see the system treat their loved ones.

“I have new hope now that my dad will get cured, get out and finally get to play with his grandkids,” said Tiffany Kaneta, daughter of Edward Kaneta, a plaintiff in the lawsuit now eligible to receive treatment. “For years, I’ve watched as he has suffered from the devastating impacts of hepatitis C, not knowing if he’d ever get access to a cure.”

Sources:

Colorado approves $41 million settlement ensuring care of 2,200 state prisoners with hepatitis C

State Settles Prison Hep C Lawsuit With $41 Million Treatment Plan

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