CINCINNATI — The Kentucky Department of Corrections can deny lifesaving but expensive hepatitis C treatment to inmates.
The 6th U.S. Circuit Court of Appeals panel upheld Kentucky's policy of rationing the drugs in a 2-1 decision Tuesday. Around 1,200 Kentucky inmates with hepatitis C virus (HVC) sued the people managing the state prison system's HVC-treatment program, claiming that triaging the medication violates the Eighth Amendment.
As of August 2019, there were 1,670 HCV-positive prisoners in Kentucky. Only 159 had received treatment. A single course of the highly effective treatment costs between $13,000 and $32,000.
A majority of the panel said Tuesday that denying the medication does not constitute cruel and unusual punishment, however a dissenting judge says the majority’s opinion will condemn hundreds of prisoners to long-term organ damage and suffering.
Judge Jane Stranch said "by flouting the recognized standard of care," the Department of Corrections "consigns thousands of prisoners with symptomatic, chronic HCV to years of additional suffering and irreversible liver scarring, despite the availability of early treatment with effective, easily tolerated alternatives that would prevent those long-term harms."
An attorney for the inmates called the decision “horrendous” and said they will ask for a rehearing with the full court or petition the U.S. Supreme Court to hear the case.
Kentucky's measured incidence of HCV is more than twice the national rate.
The Associated Press contributed to this story.
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