Incarcerated men sue Mass. sheriff for denying hepatitis C treatment
Filed by Prisoners' Legal Services on behalf of two men currently incarcerated at the Middleton House of Correction, the lawsuit says 'nearly everyone' at the county's jail facilities are denied direct-acting antiviral drugs (DAAs) as part of practices by Wellpath, a privately-contracted health care provider.
DAAs, the revolutionary medications that were first developed in 2011, are considered the standard gold-star treatment for hepatitis C today, proven to cure the bloodborne viral infection more than 90% of the time.
If left untreated, hepatitis C can cause liver failure, cancer, kidney disease, diabetes and heart problems. If it becomes chronic, it can ultimately lead to death.
Massachusetts has made the elimination of hepatitis C a public health priority.
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Wellpath isn't named as a defendant in the lawsuit, but is cited throughout the complaint. Prisoners' Legal Services Attorney Rachel Talamo explained Coppinger has the legal responsibility as sheriff to provide necessary medical care to people in his custody, and contracting decisions out to a private company doesn't change that obligation.
Wellpath was previously the health care services provider for Massachusetts' 10 state-run prisons, but last year, the state pursued a contract with a different entity after Wellpath faced national scrutiny for long wait times and service denials.
In 2023, Wellpath found itself at the center of an investigation by The Appeal, a website that covers criminal justice reform issues. It revealed that incarcerated people in Massachusetts' prison system 'had to wait years' for Wellpath to provide them with dentures or other basic dental care.
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Despite the state's severance of its partnership with Wellpath, the Essex County Sheriff's Department still contracts with the Nashville-based for-profit company to provide medical services at its three carceral facilities.
'Through its policies and practices, the Sheriff's Department routinely withholds a universally recommended treatment for a disease that is disproportionately both prevalent and deadly in incarcerated populations, letting the disease inflict grave harm on infected people in Essex jails,' reads the lawsuit, filed in the U.S. District Court of Massachusetts on April 23.
In a statement Thursday, the Essex County Sheriff's Department reacted to the lawsuit, saying it 'grossly misrepresents the Essex County Sheriff's Department's commitment to the health and wellbeing of individuals in our custody.'
'Sheriff Kevin Coppinger takes seriously the responsibility to provide both appropriate and the highest-quality medical care, including treatment for Hepatitis C,' the statement said. 'All medical treatment protocols are determined by professionals with our contracted medical provider WellPath. We reject the premise that medical neglect is occurring, and we will vigorously defend the Department's practices and reputation against these accusations in court.'
Data cited in the suit shows that, from January 2021 to January 2025, the number of people with hepatitis C in custody of the Essex County Sheriff's Department at a given time ranged between 60 and 130 cases. Those numbers are believed to be an undercount because the department 'tests only a small percentage of the people entering its custody for hepatitis C.'
The suit says fewer than 10 people start hepatitis C treatment in sheriff's department custody each year, based on selective decision-making by Wellpath and an overall disregard by the provider for recommended treatment of the infection. In addition, it claims that Wellpath touts 'self care' and 'diet and lifestyle modifications' for hepatitis C, instead of DAAs.
Wellpath did not immediately respond to a request for comment.
Attorney Talamo said the policies force people to endure progressive risk of permanent liver damage during their incarceration.
'This is not only inhumane and illegal, but also fueling a public health crisis,' she said.
The plaintiffs, both men in their 30s, claim they've unsuccessfully sought hepatitis C treatment at the Middleton House of Correction for more than a year. One has developed advanced liver fibrosis.
In a statement, plaintiff Adam Cochrane said, 'I want everyone to get treatment for Hep C and get healthy and be okay. I want people to have a chance to have a better life.'
The lawsuit seeks a court order requiring timely treatment for all people with hepatitis C in Essex County jails, as well as routine testing upon admission and connection to community care upon release.
The court action against Coppinger comes seven years after Prisoners' Legal Services secured a settlement requiring the Massachusetts Department of Correction to provide DAA treatment to people with hepatitis C incarcerated in state prisons.
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