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In April 2001, prison inmate Winston K.
Goforth tested positive for hepatitis C. Despite his repeated requests for
treatment, it was two years before state prison officials ordered a liver
biopsy to determine the progression of his illness, according to a complaint
filed in federal court.
A prison system gastroenterologist
prescribed an expensive drug to treat his disease, a viral infection of the
liver that can be fatal. But the prison system's medical director
countermanded the decision, according to the complaint.
To this day, according to his suit, Goforth
has received no other treatment besides periodic blood tests. And his time
may be running out.
"This is an action to compel the Georgia
Department of Corrections to provide Mr. Goforth with adequate treatment,
without which he may suffer further liver damage and die," his lawsuit says.
Sarah Geraghty, a staff attorney for the
Atlanta-based Southern Center for Human Rights, said the center has heard
from numerous prison inmates like Goforth who have been denied treatment for
hepatitis C. And those people are not going to leave their disease behind
when they get out of prison, she said.
"The uncontrolled hepatitis C within the
prison system is not just going to affect people in prison," Geraghty said.
"It's going to affect everybody. Almost everybody who comes into prison is
going to get out of prison."
State prison officials say about 2,800
inmates have been diagnosed with hepatitis C. But testing is voluntary, so
the total number of cases is unknown.
"Consequently, descriptions on whether the
disease prevalence is increasing, stable or decreasing are only estimates.
The hepatitis C prevalence appears stable at this time," Department of
Corrections spokeswoman Peggy Chapman said in an e-mail.
She declined to comment on Goforth's suit
because it is pending litigation. In a court filing, the Department of
Corrections said Goforth's medical treatment in prison was "reasonable and
proper."
Goforth, serving a 10-year drug sentence at
Men's State Prison in Hardwick, filed a pauper's lawsuit in March 2002 in
U.S. District Court in Macon to force the state to treat him. He got nowhere
until this year, when the 11th U.S. Circuit Court of Appeals ruled that he
had been denied access to his medical records. In May, the Southern Center
took on his case. Last week, U.S. Magistrate Claude Hicks reopened the
discovery process, allowing lawyers to take depositions and examine the
medical records.
"(Goforth) contacted us at a time when we
were investigating the treatment provided by the Georgia Department of
Corrections for this particular illness," Geraghty said.
Prisons spokeswoman Chapman said via e-mail
that hepatitis C treatments are about 40 percent effective, and the strain
of hepatitis C prevalent in Georgia prisons is highly resistant to
treatment.
"The consequence of these medical facts is
that practitioners must consider the odds very carefully with their
patients, balancing the likelihood of a failure versus the possibility of
ongoing liver damage for untreated patients," she said. "Treatment is
offered to those with disease sufficiently advanced to warrant a try with
the imperfect therapies available today and who have sufficient time left in
their sentence to complete the treatment and follow up testing."
Goforth's suit contends that prison
officials denied him treatment because he has cirrhosis, a liver disorder.
But his lawyer said his cirrhosis has not progressed to the point where
treatment would no longer help.
She also cited a Federal Bureau of Prisons
guideline that says hepatitis C patients with cirrhosis should be considered
"priority candidates for treatment."
Goforth's suit also says he was denied
because officials said he may be paroled before the treatment is up.
Madie Lamarre, a nurse practitioner and
former clinical services manager in the office of health services for the
Georgia prison system, said hepatitis C is one of several diseases that
typically shows up at a higher-than-normal rate in prison.
She said hepatitis C is spread by
blood-to-blood contact. Among drug abusers, who represent a large percentage
of prison inmates, that typically stems from
shared hypodermic needles. Inside prison, she said, hepatitis C is commonly
spread when inmates get tattoos. She also said as many as 25 percent of
people who get hepatitis C get rid of the infection on their own without
treatment. Eight out of 10 people with hepatitis C do not develop cirrhosis.
"As a general comment, prisons house people
with a much higher incidence of communicable diseases than is in the general
population," Lamarre said. "That's well-documented. If the prison systems
don't do a good job of controlling communicable diseases in prison, most
inmates are released to the community, and it increases the risk to the
public health. That's why it's very important that prison systems all over
the United States cooperate and collaborate with public health to do things
to take steps to reduce the risk of communicable diseases in prison.
"I think the Georgia Department of
Corrections historically has done pretty well at collaborating with public
health, but there's a lot more to be done."
She said prison systems should consider
providing sterile settings for prisoners to do their tattooing. She also
said the spread of hepatitis B and HIV could be slowed if prisons
acknowledged the reality of prison sex, and distributed condoms.
"It's been done
in other states," she said. "It's done in Europe, it's done in Australia,
it's done in Canada. It should be done because
it's the right thing to do for public health. People get upset because they
think it's about condoning sex. That's not what it's about. It's the right
thing to do for protecting public health."
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