COLUMBIA, S.C., Dec. 21, 2018
/PRNewswire/ — A proposed partial settlement of a civil rights class
action lawsuit has received preliminary approval from a Federal Court
here in South Carolina; it will provide
Hepatitis C testing to all current and future inmates incarcerated in
the South Carolina Department of Corrections (SCDC).
According to the terms of a proposed agreement in Russell Geissler et al. v. Bryan P. Stirling et al., almost 20,000 current inmates will be tested along with future inmates of the SCDC.
The United States District Court for the District of South Carolina has set a fairness hearing on the settlement for February 12, 2019 at 11:00 AM in the United States District Court for the District of South Carolina in Columbia. That hearing has been scheduled by United States Senior District Court Judge, Margaret Seymour.
The settlement does not waive personal injury claims and the
litigation will go forward with regard to claims for the treatment of
Hepatitis C. The partial settlement was the result of significant fact
discovery including document production and depositions.
The class is represented by Christopher Bryant of Yarborough Applegate LLC located in Charleston, SC and Reuben Guttman of Guttman, Buschner & Brooks PLLC in Washington, D.C. Justin Brooks, Traci Buschner, Caroline Poplin MD/JD, and Paul Zwier of Guttman, Buschner & Brooks PLLC also worked on the litigation.
Counsel representing the class praised opposing counsel for working
toward this partial resolution marking an inroad toward addressing a
public health crisis.
National statistics show that nearly 17 percent of nation’s inmate
population has Hepatitis C, a bloodborne pathogen which can lead to
death. Prior to the litigation, the SCDC had failed to test inmates for
the disease, leaving them without the full awareness necessary to
prevent its transmission.
The litigation will continue as plaintiffs press for the treatment of
those who already have the disease. Today, several medications exist to
treat and cure the condition.
“This is a terrific result, but we still have our work cut out for us
to complete the litigation. This is not just a prison health issue;
it’s a public health issue,” said Christopher Bryant, counsel for the class.
“This is a win for all citizens of the State of South Carolina
and elsewhere. Treating inmates in prisons before they re-enter society
is the type of prevention that will save lives and and save precious
healthcare dollars,” said class counsel, Reuben Guttman.
Guttman, Buschner & Brooks PLLC is a nationally recognized
boutique complex litigation law firm; in the healthcare area alone it
has represented whistleblowers under the False Claims Act in cases which
have returned over $5.5 billion to government treasuries. More information about the firm and its members can be found at gbblegal.com.
Yarborough Applegate LLC is a plaintiff’s law firm primarily focused
on catastrophic personal injury, including traumatic brain injuries,
dram shop/drunk driving cases, trucking cases, and wrongful death. More
information on the firm, representative results, and its members can be
found at yarboroughapplegate.com.
SOURCE Guttman, Buschner & Brooks PLLC
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