ST. LOUIS — The Eighth Circuit Court of Appeals affirmed class certification for Missouri Department of Corrections inmates who claim they were given inadequate medical screening and care for chronic Hepatitis C (HCV) viral infections.
The lead plaintiffs—inmates Michael Postawko, Christopher Baker and Michael Jamerson—claim in their suit filed in federal court in Jefferson City that prison policies expose the class to a substantial risk of serious harm.
Among other things, they argue that they are not provided direct-acting antiviral drugs (DAA) to all inmates with chronic HCV, drugs which are estimated to cure over 90 percent of patients who receive them as treatment.
The defendants opposed class certification, arguing in part that the plaintiffs had not submitted sufficient evidence as required by federal Rule 23, which provides guidance on class certification.
A panel of appeal judges—Roger Wollman, Jane Kelly and Ralph Erickson—found that the district court did not abuse its discretion in concluding that the numerosity requirement was satisfied.
According to the order, the rate of HCV infection among the population of the MDOC is estimated to be at least 10 to 15 percent. The lower court determined that the proposed class was likely to be at least 2,000 inmates. As a highly communicable disease, HCV often spreads among the incarcerated population, the ruling indicates.
The panel also found that the district court did not abuse its discretion in finding the commonality requirement was satisfied.
"The Defendants argue that the unique medical condition of each member of the class means that resolving their claims will require a 'highly individualized' inquiry," the ruling states. "This misunderstands the nature of the class’s claims. Plaintiffs assert that the failure of the Defendants to screen properly for a life-threatening disease and provide appropriate treatment exposes all inmates suffering from chronic HCV to the same unconstitutional injury."