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Federal Judge recommends approval in settlement agreement on behalf of HIV-Positive Inmates for Inadequate Medical Care

Publication: 
The Birmingham News
Date of Publication: 
06/04/2004

BIRMINGHAM, AL  -- This week, United States Magistrate Judge John E. Ott issued his report and recommendations on the settlement of a lawsuit filed by a class of HIV-positive inmates in the Alabama prison system in November, 2002, challenging the living conditions and inadequate medical care provided at Limestone Correctional Facility.

The complaint was filed against the Alabama Department of Corrections and NaphCare, inc., the private medical provider for the Alabama prison system.  The HIV-positive inmates were represented by the Southern Center for Human Rights (SCHR), Holland & Knight, David Lipman, and Francis Anania.

"It is evident that lives were lost due to preventable lapses in treatment in medical treatment. "  states Judge Ott in his recommendations to US District Court Judge Karon Bowdre. "HIV prisoners died without necessary intervention by the Limestone medical staff or Alabama Department of Corrections. This lack of ameliorative action on the part of the defendants and others demonstrates a sufficient disregard of human life..."

Some of the conditions of the settlement that Judge Ott's report approved include adding medical staff specifically to care for HIV-positive inmates and requiring the prison to provide food for these inmates seven days a week. In the settlement the Department of Corrections also agrees to address the deficiencies that plague the medical care for HIV-positive inmates at Limestone.  The implementation of this settlement is pending approval by US District Court Judge Karon Bowdre.

"This groundbreaking settlement is significant not only for the vast changes it will bring for the HIV-infected patients at Limestone but also because the federal courts will once again have oversight of an Alabama prison." states Joshua Lipman, an attorney from SCHR representing the inmates. "We hope these changes will ensure an end to the suffering and needless deaths at Limestone."

Hundreds of HIV-infected inmates have died at Limestone over the past decade due to lack of medical care.

Click here to view Judge Ott's Report and Recommendations.

Click here
for a copy of the Complaint.

Click here
for a copy of the Supplemental Report.

Links to Press Accounts of Limestone.