Updated Friday at 8:30 a.m.
A federal judge has granted preliminary approval to a settlement that will set the standard for treatment of incarcerated individuals with hepatitis C in Vermont.
The deal resolves a class-action lawsuit brought in May 2019 over the lack of proper care for prisoners with the virus.
The case against the state was brought by the Vermont chapter of the American Civil Liberties Union, Harvard Law School’s Center for Health Law and Policy Innovation, and the law firm of Costello, Valente & Gentry in Brattleboro.
Judge William K. Sessions issued his initial approval of the settlement this week. The judge also set a fairness hearing for Oct. 25 where any class member objecting to the deal can be heard, and to determine whether final approval of the settlement should be granted.
“This case is about Vermont recognizing the basic health care rights of all individuals incarcerated and in its custody,” Jay Diaz, general counsel for the ACLU of Vermont, said Thursday in a statement.
“Hepatitis C is a silent epidemic impacting thousands of Vermonters and millions across the United States, but it is also curable,” Diaz said. “If Vermont is going to stop the spread of Hepatitis C, it is critical that we expand access to treatment to all who need it.”
The lawsuit alleged that treatment was provided only to incarcerated individuals whose hepatitis C had met a certain level of severity, while others regarded as having only mild or early liver disease were deemed ineligible for medication.
To cure hepatitis C, according to court filings, a pill needs to be taken daily for eight to 12 weeks.
A notice of the settlement among the parties was filed last month in federal court in Burlington.
The agreement calls for the Department of Corrections department to do the following:
— Screen individuals for hepatitis C when they enter Department of Corrections custody.
— Provide treatment and screening data for two years to the attorneys who brought the lawsuit.
— Notify incarcerated people of the settlement.
— Pay $3,000 for costs and attorneys fees to parties bringing the lawsuit.
— Treat sentenced incarcerated individuals “as soon as possible” if the course of treatment can be completed during that incarcerated individual’s time in custody.
— Refer “especially compromised” incarcerated individuals immediately to a medical provider for assessment and care.
