kintml2u
10-06-2002, 11:52 AM
Letter Karen Bond sent on behalf of a federal prisoner ( Not written by kintml2u)
Dear CURE Members and Supporters:
The following is a copy of the letter that I have sent to Dr. Sawyer in regard to
Jeffrey Johnston #97497-071. I have attached Federal CURE's initial request
for action on his behalf for your background information. The BOP has not
responded to our groundswell of requests on Jeff's behalf other than to have
their general counsel email me a message that they would be investigating,
which we appreciate. However, those of us who have dealt with the BOP for
any period of time know how long their investigations can take.
What Federal CURE needs you to do is to send follow up requests to the
following people asking that the BOP either (1) immediately provide Jeff
Johnston with the medical care he needs at FPC Estill, or: (2) transfer him
back to FMC Butner where he was receiving appropriate treatment for his
medical conditions. The broader question that the BOP must begin to answer
is who is monitoring the quality of medical care that they are providing to
federal inmates in all their institutions. On a daily basis, Federal CURE
receives complaints from federal inmates about both the lack of medical care
and the poor quality of medical care in federal institutions. Please contact the
following people so that we can assist all federal inmates in securing
competent medical care:
Dr. Kathleen Hawk Sawyer - ksawyer@bop.gov
Dr. Newton Kindig - nkindig@bop.gov
MaryEllen Thoms - mthoms@bop.gov
Bryan Pownall - bpownall@bop.gov
Christopher Erlewine - cerlewine@bop.gov
Gerado Moldonado - gmaldonodo@bop.gov
Joe Kelley - jkelley@bop.gov
R. Holt - rholt@bop.gov
Barbara Williams - barbara@postandcourier.com
South Carolina Medical Board - medboard@mail.llr.state.sc.us
CNN - public.information@turner.com
Fox News - comments@foxnews.com
Forbes - ppatsuris@forbes.com
October 4, 2002
Dear Dr. Sawyer:
This letter is to follow-up on my initial inquiry in regard to Jeff
Johnston, Inmate #97497-071. At approximately 11:30 p.m. Thursday night,
I received a phone call from Jeff’s mother, Gayle, telling me that FPC Estill
medical personnel were still denying Jeff medical treatment even though he
has continued to go to sick call virtually everyday. At this point, it is a virtual
certainty that irreversible damage has occurred to Jeff’s kidneys as a result of
their negligence. At sick call Thursday, the physician’s assistant that Jeff saw
requested a urine specimen stating that Jeff’s back pain was probably just a
kidney infection. That specimen came back negative for any bacteria, yet the
physician’s assistant wanted to put Jeff on an antibiotic insisting that’s what
was happening. All generally acceptable medical texts indicate appropriate
treatment for Jeff’s coexisting diseases, i.e., muscular dystrophy and
degenerative myopathy, will have to address the issues of chronic pain. All of
Jeff Johnston’s medical records from the University of Georgia, the Mayo
Clinic and Presbyterian Hospital of New York, clearly document his medical
problems. This evening, Gayle Johnston called and stated that Jeff had again
gone to sick call only to be told once again that his medical records couldn’t
be found.
Although it is true that federal prisoners forfeit many of their pre-
conviction constitutional rights upon entering prison, “the one right they do
retain, under the Eighth Amendment, is the right to be protected against cruel
and unusual punishment.” Bell v. Wolfish, 441 US 520 (1979). In Wolf v.
McDonnell, 418 US 539 (1974), the Court stated that there was “no iron
curtain drawn between the Constitution and the prisons of this country.”
Two years later, the Court stated that “an inmate must rely on prison
authorities to treat his medical needs; if the authorities fail to do so, those
needs will not be met. In the worst cases, such a failure may actually produce
physical torture or death.” Estell v. Gamble, 429 US 97 (1976) In Gregg v.
Georgia, 428 US 153 (1976), the Court held that the “infliction of such
unnecessary suffering [is] inconsistent with contemporary standards of
decency.” When the Court set forth its “deliberate indifference” standard in
Gamble it was addressing the degree of indifference that resulted in
unnecessary infliction of pain.
Unarguably, the directives contained in the BOP healthcare policy
statements appear to rise to the level of humane treatment mandating the
provision of necessary medical care at levels comparable to accepted
community standards. BOP Program Statement 6000.05 assures humane
treatment of prisoners, yet in reality healthcare at FPC Estill is merely
symbolic in nature. The vast divide between BOP healthcare policy and the
reality of healthcare provided by FPC Estill medical staff contravenes both
Supreme Court rulings and congressional mandates. Given the paucity of
medical care being provided Jeff Johnston, one could easily conclude that the
BOP operates a symbolic healthcare system.
Although quick to hide behind the U.S. General Accounting Office
report when reducing inmate phone calls to 300 minutes per month, clearly
the BOP ignores a 1994 report by that same office that describes the
inadequate healthcare system available to federal prisoners. Are we to
conclude then that the BOP places more importance on limiting criminal
conduct via inmate phone calls than it does on the healthcare needs of federal
inmates?
Recognizing that accountability of prison medical personnel
has become a pervasive issue, some federal courts have recently limited the
defense of qualified immunity where prison officials should reasonably know
that their actions are violating an inmate’s constitutional rights. The Seventh
Circuit recently held that Dr. Ivy Benjamin, Dr. Adrian Feinerman, Dr. Ansar
Ansari, Dr. Virgilio Pilapil, Nurse Pamela Dunbar and Nurse Vickie Rowland
were “deliberately indifferent” when Inmate Walker repeatedly complained of
pain and manifested physical indications that he was in pain. The Walker
court clearly indicated that the deliberate indifference standard was
applicable to pain medication. Perhaps, the medical staff at FPC Estill is not
aware that they can now be found personally liable for their deliberate
indifference.
Jeff Johnston has manifest physical indicia of pain that has been well
documented by numerous doctors, even those at FMC Butner. He has
repeatedly gone to sick call seeking help from the only medical personnel
available to him: those employed by the BOP at FPC Estill. Since his transfer
to FPC Estill in June, 2002, the medical staff has repeatedly refused to assess
and treat the pain resulting from his chronic conditions.
The fact that federal law exempts BOP medical personnel from state
licensure requirements does not exempt them from the federal law that
requires those same medical personnel from providing for inmates the same
standard of care that they would receive in the community. In an April 15,
2002 Associated Press article that chronicled its review of federal
government doctors’ medical licenses, it was found that at least 5 BOP
doctors had themselves either been convicted of crimes or disciplined by state
medical boards. The BOP is not prohibited from hiring doctors with criminal
records, revoked licenses or medical disciplinary actions even after those
events are revealed on the required pre-employment background check.
Understandably, a federal job can be attractive to unlicensed or disciplined
medical doctors, because they are not required to carry malpractice insurance
as they would be in the community. Dr. Zoltan Vendel is not licensed in
South Carolina as confirmed by that state’s licensing board. The question has
become whether he is even competent to provide services that meet the
standard he would be required to deliver were he a private doctor in Estill,
South Carolina.
The bottom line is how much longer must Jeff Johnston suffer
because of the deliberate indifference of FPC Estill’s medical personnel?
That’s a question that Federal CURE cannot answer. The answer lies solely
in the control of the Federal Bureau of Prisons. The liability lies solely with
FPC Estill’s medical personnel and the BOP personnel under whose
supervision they work which include Camp Administrator Joe Kelley,
Warden Gerardo Montaldo, Regional Administrator R. Holt, Medical
Director Dr. Newton Kindig, Assistant Director of the Health Services
Division MaryEllen Thoms, and ultimately, with Federal Bureau of Prisons
Director Dr. Kathleen Hawk Sawyer.
Since FPC Estill’s medical personnel have refused to treat Jeff
Johnston’s medical problems for the past four months, we are requesting that
he be transferred immediately via an emergency medical transport that is
authorized by BOP policy to FMC Butner where the doctors have been
proven capable of handling Jeffrey Johnston’s medical conditions.
Sincerely,
Karen S. Bond, J.D.
Dear CURE Members and Supporters:
The following is a copy of the letter that I have sent to Dr. Sawyer in regard to
Jeffrey Johnston #97497-071. I have attached Federal CURE's initial request
for action on his behalf for your background information. The BOP has not
responded to our groundswell of requests on Jeff's behalf other than to have
their general counsel email me a message that they would be investigating,
which we appreciate. However, those of us who have dealt with the BOP for
any period of time know how long their investigations can take.
What Federal CURE needs you to do is to send follow up requests to the
following people asking that the BOP either (1) immediately provide Jeff
Johnston with the medical care he needs at FPC Estill, or: (2) transfer him
back to FMC Butner where he was receiving appropriate treatment for his
medical conditions. The broader question that the BOP must begin to answer
is who is monitoring the quality of medical care that they are providing to
federal inmates in all their institutions. On a daily basis, Federal CURE
receives complaints from federal inmates about both the lack of medical care
and the poor quality of medical care in federal institutions. Please contact the
following people so that we can assist all federal inmates in securing
competent medical care:
Dr. Kathleen Hawk Sawyer - ksawyer@bop.gov
Dr. Newton Kindig - nkindig@bop.gov
MaryEllen Thoms - mthoms@bop.gov
Bryan Pownall - bpownall@bop.gov
Christopher Erlewine - cerlewine@bop.gov
Gerado Moldonado - gmaldonodo@bop.gov
Joe Kelley - jkelley@bop.gov
R. Holt - rholt@bop.gov
Barbara Williams - barbara@postandcourier.com
South Carolina Medical Board - medboard@mail.llr.state.sc.us
CNN - public.information@turner.com
Fox News - comments@foxnews.com
Forbes - ppatsuris@forbes.com
October 4, 2002
Dear Dr. Sawyer:
This letter is to follow-up on my initial inquiry in regard to Jeff
Johnston, Inmate #97497-071. At approximately 11:30 p.m. Thursday night,
I received a phone call from Jeff’s mother, Gayle, telling me that FPC Estill
medical personnel were still denying Jeff medical treatment even though he
has continued to go to sick call virtually everyday. At this point, it is a virtual
certainty that irreversible damage has occurred to Jeff’s kidneys as a result of
their negligence. At sick call Thursday, the physician’s assistant that Jeff saw
requested a urine specimen stating that Jeff’s back pain was probably just a
kidney infection. That specimen came back negative for any bacteria, yet the
physician’s assistant wanted to put Jeff on an antibiotic insisting that’s what
was happening. All generally acceptable medical texts indicate appropriate
treatment for Jeff’s coexisting diseases, i.e., muscular dystrophy and
degenerative myopathy, will have to address the issues of chronic pain. All of
Jeff Johnston’s medical records from the University of Georgia, the Mayo
Clinic and Presbyterian Hospital of New York, clearly document his medical
problems. This evening, Gayle Johnston called and stated that Jeff had again
gone to sick call only to be told once again that his medical records couldn’t
be found.
Although it is true that federal prisoners forfeit many of their pre-
conviction constitutional rights upon entering prison, “the one right they do
retain, under the Eighth Amendment, is the right to be protected against cruel
and unusual punishment.” Bell v. Wolfish, 441 US 520 (1979). In Wolf v.
McDonnell, 418 US 539 (1974), the Court stated that there was “no iron
curtain drawn between the Constitution and the prisons of this country.”
Two years later, the Court stated that “an inmate must rely on prison
authorities to treat his medical needs; if the authorities fail to do so, those
needs will not be met. In the worst cases, such a failure may actually produce
physical torture or death.” Estell v. Gamble, 429 US 97 (1976) In Gregg v.
Georgia, 428 US 153 (1976), the Court held that the “infliction of such
unnecessary suffering [is] inconsistent with contemporary standards of
decency.” When the Court set forth its “deliberate indifference” standard in
Gamble it was addressing the degree of indifference that resulted in
unnecessary infliction of pain.
Unarguably, the directives contained in the BOP healthcare policy
statements appear to rise to the level of humane treatment mandating the
provision of necessary medical care at levels comparable to accepted
community standards. BOP Program Statement 6000.05 assures humane
treatment of prisoners, yet in reality healthcare at FPC Estill is merely
symbolic in nature. The vast divide between BOP healthcare policy and the
reality of healthcare provided by FPC Estill medical staff contravenes both
Supreme Court rulings and congressional mandates. Given the paucity of
medical care being provided Jeff Johnston, one could easily conclude that the
BOP operates a symbolic healthcare system.
Although quick to hide behind the U.S. General Accounting Office
report when reducing inmate phone calls to 300 minutes per month, clearly
the BOP ignores a 1994 report by that same office that describes the
inadequate healthcare system available to federal prisoners. Are we to
conclude then that the BOP places more importance on limiting criminal
conduct via inmate phone calls than it does on the healthcare needs of federal
inmates?
Recognizing that accountability of prison medical personnel
has become a pervasive issue, some federal courts have recently limited the
defense of qualified immunity where prison officials should reasonably know
that their actions are violating an inmate’s constitutional rights. The Seventh
Circuit recently held that Dr. Ivy Benjamin, Dr. Adrian Feinerman, Dr. Ansar
Ansari, Dr. Virgilio Pilapil, Nurse Pamela Dunbar and Nurse Vickie Rowland
were “deliberately indifferent” when Inmate Walker repeatedly complained of
pain and manifested physical indications that he was in pain. The Walker
court clearly indicated that the deliberate indifference standard was
applicable to pain medication. Perhaps, the medical staff at FPC Estill is not
aware that they can now be found personally liable for their deliberate
indifference.
Jeff Johnston has manifest physical indicia of pain that has been well
documented by numerous doctors, even those at FMC Butner. He has
repeatedly gone to sick call seeking help from the only medical personnel
available to him: those employed by the BOP at FPC Estill. Since his transfer
to FPC Estill in June, 2002, the medical staff has repeatedly refused to assess
and treat the pain resulting from his chronic conditions.
The fact that federal law exempts BOP medical personnel from state
licensure requirements does not exempt them from the federal law that
requires those same medical personnel from providing for inmates the same
standard of care that they would receive in the community. In an April 15,
2002 Associated Press article that chronicled its review of federal
government doctors’ medical licenses, it was found that at least 5 BOP
doctors had themselves either been convicted of crimes or disciplined by state
medical boards. The BOP is not prohibited from hiring doctors with criminal
records, revoked licenses or medical disciplinary actions even after those
events are revealed on the required pre-employment background check.
Understandably, a federal job can be attractive to unlicensed or disciplined
medical doctors, because they are not required to carry malpractice insurance
as they would be in the community. Dr. Zoltan Vendel is not licensed in
South Carolina as confirmed by that state’s licensing board. The question has
become whether he is even competent to provide services that meet the
standard he would be required to deliver were he a private doctor in Estill,
South Carolina.
The bottom line is how much longer must Jeff Johnston suffer
because of the deliberate indifference of FPC Estill’s medical personnel?
That’s a question that Federal CURE cannot answer. The answer lies solely
in the control of the Federal Bureau of Prisons. The liability lies solely with
FPC Estill’s medical personnel and the BOP personnel under whose
supervision they work which include Camp Administrator Joe Kelley,
Warden Gerardo Montaldo, Regional Administrator R. Holt, Medical
Director Dr. Newton Kindig, Assistant Director of the Health Services
Division MaryEllen Thoms, and ultimately, with Federal Bureau of Prisons
Director Dr. Kathleen Hawk Sawyer.
Since FPC Estill’s medical personnel have refused to treat Jeff
Johnston’s medical problems for the past four months, we are requesting that
he be transferred immediately via an emergency medical transport that is
authorized by BOP policy to FMC Butner where the doctors have been
proven capable of handling Jeffrey Johnston’s medical conditions.
Sincerely,
Karen S. Bond, J.D.