![]() McKenna was finally approved for treatment in January 2003. In December 2002, McKenna enrolled in the ASAT program, but still did not receive treatment. In October 2002, McKenna was again denied HCV treatment because he was not enrolled in ASAT. ![]() Compensated cirrhosis should be treated with medication, while decompensated cirrhosis requires a transplant. When McKenna requested a liver transplant, however, his request was denied because the cirrhosis was probably compensated. In 2001, McKenna was told that his infection had progressed to cirrhosis of the liver and he required treatment because his cirrhosis was decompensating. NYDOCS had previously deemed McKenna ineligible for ASAT because of his medical condition. This time he was denied because he was not enrolled in an Alcohol and Substance Abuse Treatment (ASAT) Program. McKenna was denied parole in 2000, and again requested HCV treatment. Although McKenna had four more years to serve, he had a Parole Board appearance scheduled in just under one year, which might have resulted in his release from custody. In September 1999, McKenna was denied HCV treatment because another NYDOCS guideline that prohibited treatment for those who would not remain incarcerated or would be released twelve months after treatment began. In 1998, McKenna was transferred to Woodbourne Correctional Facility, but not tested for HCV, although it was NYDOCS policy to test all those entering a new facility. In 1994, tests indicated some symptoms of HCV but he was not tested for the disease, despite several risk behaviors. New York Department of Correctional Services (NYDOCS) prisoner Edward McKenna suffers from the hepatitis C virus (HCV). The court held that a qualified immunity defense can be presented in a Rule 12(b)(6) motion, but that the defendant faces a formidable hurdle when advanced on such a motion. ![]() ![]() 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case Share: Share on Twitter Share on Facebook Share on G+ Share with email ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |