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  #1  
Old 08-08-2007, 04:00 PM
ExTexmate ExTexmate is offline
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Default Suing TDCJ

Hello All,

After careful consideration, I have decided to pursue a Medical negligence/Malpractice suit against TDCJ and Dallas County Jail. If any of you have any experience with this, would you be able to recommend an attorney to me?

I was diagnosed with Chronic Hepatitis B in December of this year. My GI says that it is clear that I have been infected for at least 5-7 years. Based on the fact that I did not get tattoos, have sex or get in any fights inside that would have put me at risk, there is no chance that it was contracted in jail.

However, it was incumbent on them to regularly check the status of my liver since they had me on high doses of Lithium for Bipolar disorder. Proper medical protocols when patients are on Lithium is to test REGULARLY for liver problems. They tested me ONCE in 10 months.

Also, being in a closed environment like prison where any disease can spread rapidly, testing for Hep B should be standard. They test for Hep C, but, Hep B is 100x easier to catch than HIV and should be included on their regular "tests" they run.

Thank you!
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  #2  
Old 08-09-2007, 02:14 AM
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karen karen is offline
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Is Hep B is spread air borne? In the back of my mind I am thinking you can contract it from surfaces, where the virus can live for several days. Alright you medical folks, what do you know. I wonder why they don't test for Hep B. they test for Hep C and HIV and STDs. Better yet, why doesn't TDCJ innoculate against Hep B?

I don't know too much about suing TDCJ, but please keep us posted on your plight.
Karen
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  #3  
Old 08-09-2007, 04:50 AM
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I sued TDCJ-ID back in 1997. I seriously doubt that you will find an attorney who will take the case...even on a commission basis. They have this thing about being a member of the State Bar of Texas and suing the State. In essence, they have no "intestinal fortitude".
I would suggest that you file a sec. 1983 Federal Civil Lawsuit, pay the required filing fee, and let the Magistrate Judge decide whether the State was negligent in your medical problems. You can print the forums online or contact the Federal Court Clerk in the region where you were incarcerated at..they will gladly mail you the necessary forums. Hope this helps.

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Old 08-09-2007, 06:27 AM
dawna9375 dawna9375 is offline
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Paroled,

Did you win? Can you tell us what happened in your case?
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  #5  
Old 08-09-2007, 08:45 AM
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I'm not an expert, but I know a couple things. Hep B is not airborne, it's spread through secretions such as blood, semen, etc. When dealing with secretions you should always wear gloves. Needles always seem to be the big worry, but you should also be aware of toothbrushes, earrings, razors, anything like that. The Hep B virus can live longer on surfaces than HIV. Anything exposed to bodily secretions should be cleaned with a bleach solution. Now, this may not be the actual reason that we hear less about it, but, I believe it's because it's less common to develop a chronic infection of Hep B than Hep C. I think I read that about 5-10% of people with Hep B develop chronic hep B. More often you are someone lucky like me who gets it and gets over it. Now I havea natural immunity to it which is probably stronger than the vaccine they now have. Many people never figure out how or where they were exposed. I hope this helps some.
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Old 08-09-2007, 08:48 AM
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Quote:
Originally Posted by smilemakr29
I'm not an expert, but I know a couple things. Hep B is not airborne, it's spread through secretions such as blood, semen, etc. When dealing with secretions you should always wear gloves. Needles always seem to be the big worry, but you should also be aware of toothbrushes, earrings, razors, anything like that. The Hep B virus can live longer on surfaces than HIV. Anything exposed to bodily secretions should be cleaned with a bleach solution. Now, this may not be the actual reason that we hear less about it, but, I believe it's because it's less common to develop a chronic infection of Hep B than Hep C. I think I read that about 5-10% of people with Hep B develop chronic hep B. More often you are someone lucky like me who gets it and gets over it. Now I havea natural immunity to it which is probably stronger than the vaccine they now have. Many people never figure out how or where they were exposed. I hope this helps some.
You are absolutely correct.
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Old 08-09-2007, 02:48 PM
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My sister died at the Carol Young unit after having an esophegeal banding preformed due to HCV. they put her back to work before she had time to heal and in two weeks she bled to death after complaining about blood in her feces, they, the nurses at the unit, said it was normal. but not two weeks after the operation, she died after receiving 19 units of blood in 24 hours. I tried to sue UTMB/TDCJ, using an attorney named Enos. I can;t recall his first name. But he also told me that there is a $400,000 cap on any law suit, therefore no lawyer will be able to afford to keep the states deep pockets going in court without running out of funds themselves, only to have the to award set at $400,000. it's not enough of a return on their investment to carry the case. The state can keep it tied up in court for years, it's legislated and there is nothing you can do. Texas rapes their inmates and their families, kill the inmates and then say, "so what cha gonna do now, punk! That'll teach you to mess with Texas!!!" You people have to do some serious voting to get those animals out of the government and stop them from being so damn arrogant and so willing to kill people.
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Old 08-09-2007, 03:13 PM
ExTexmate ExTexmate is offline
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Quote:
Originally Posted by Goose Bumps
My sister died at the Carol Young unit after having an esophegeal banding preformed due to HCV. they put her back to work before she had time to heal and in two weeks she bled to death after complaining about blood in her feces, they, the nurses at the unit, said it was normal. but not two weeks after the operation, she died after receiving 19 units of blood in 24 hours. I tried to sue UTMB/TDCJ, using an attorney named Enos. I can;t recall his first name. But he also told me that there is a $400,000 cap on any law suit, therefore no lawyer will be able to afford to keep the states deep pockets going in court without running out of funds themselves, only to have the to award set at $400,000. it's not enough of a return on their investment to carry the case. The state can keep it tied up in court for years, it's legislated and there is nothing you can do. Texas rapes their inmates and their families, kill the inmates and then say, "so what cha gonna do now, punk! That'll teach you to mess with Texas!!!" You people have to do some serious voting to get those animals out of the government and stop them from being so damn arrogant and so willing to kill people.
I am so sorry to hear about your sister.

If people keep joining together in forums such as this, perhaps we can ALL make a difference together. I know this may sound "cliche'" But, I really don't even care about the money. I just want to put a HUMAN face on those that are abused and neglected by the very system the "people" rely on to "rehabilitate" the offenders.

In Texas, especially, they barely even attempt to mask the fact that they don't WANT to reduce recidivism. If they reduced the number of inmates, however would they make the millions upon millions of dollars they make annually?

THAT'S the real crux of the problem. If they truly cared about rehabilitation, they wouldn't be handing Felonies out like candy.
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  #9  
Old 08-09-2007, 07:39 PM
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[quote=ExTexmate]If they reduced the number of inmates, however would they make the millions upon millions of dollars they make annually?quote]

How much is an inmate worth to them? Everyone here in Maine was flabbergasted that Texas was coming after my Jayme 2 years after his probation violation. His PO here, the attorney they gave him and even the DA. They practically apologized to me for arresting him. Loverly tax dollars at work to come all the way to Maine for a guy who's original charge was possession. Weirds me out.
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Old 08-09-2007, 11:34 PM
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I would be interested to hear how much an inmate is "worth" also. Because I'm always hearing on the news how much it costs tax payers to house prisoners, but when I was on a trustee camp where the guards weren't as tight lipped they would say that the unit (I don't know about TDCJ as a whole) was making money. The surplus crops were being sold, some of the farming equipment had "mysteriously disappeared" presumably sold for a profit, though that may have gone to a few crooked guards and not towards the profits of the Ferguson Unit.
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Old 08-21-2007, 01:16 PM
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When my husband worked at the bus barn at Ellis I which repaints and reupholsters all the school buses in the state of Texas, he developed an extremely accurate database for their inventory that they are still using to this day. The previous program costs tens of thousands of dollars and never worked. Along came my husband with his appealing "inmate labor cost"--FREE and he got the industry up and running able to account for all the inventory at every audit and they'd only be off a few cents instead of hundreds and thousands of dollars. The prisons want to keep everyone inside the walls to make the state and the fat cats in the green. JLH
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Old 08-21-2007, 09:10 PM
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EX, Please let us know what you find out. If the source that I sent you via PM does not work, let me know and I'll send you the name and number of a Dallas Person who will be able to tell you if anyone will take your case. I still think you should stick around for the 27th of October.
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Old 08-29-2007, 11:56 AM
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ExTexMate, TDCJ has nearly killed my brother while he has been incarcerated at the Estelle Unit in Huntsville. Despite copies of his medical records, multiple e-mail and paper correspondence (dating back to January 9, 2006, to state legislatures (Whitmire, Zaffirini, Mark Hey), Hospital Galveston (including Dr. Owen Murray and Dr. Ben Ramier), and TDCJ Health Services (Linthicum & Hendershot), we have been unable to find an attorney willing to represent us. Probably the only way to get anything going is with a class action lawsuit. If you can get about 25 people involved in that class action, then there's some money to be made by the lawyer(s). With my family, it's not about the money, it's about the inhumane treatment of incarcerated "human beings" including "slave" labor, inadequate medical care and intolerable living conditions and the Texas media protraying Texas prisons as "country clubs". Please keep me posted if you find a lawyer willing to represent "ex-inmates". My brother is HOPEFULLY getting out in September and trust me when I say, that will not be the last TDCJ hears from us.
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  #14  
Old 10-04-2007, 10:02 AM
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As my previous post states, I am an ex UTMB/TDCJ nurse. More accurately CID. I was the Infectious Disease Nurse at the unit for seven years and dealt with HIV, Hep., STD's, Exposures, etc. Anything to do with Inf. Disease. I was a RARETY in that I actually cared about the medical care of my patients and continue to fight (now that I am out of the system).
Believe me, I have first hand experience on both sides of the fence. As far as suing the state (ie. TDCJ) good luck!!!!! I left because of a sexual harrassment case that they turned on ME. I told them to stick it up their pipe that the sun doesn't shine in and have been a real thorn in their butt ever since. However, I have gotten medical care for my "friend" that they have not extended to Hep C patients for years due to the cost. You have to know the "buzz words" - gets them every time. I am not angry, just determined. (there is a difference)
As far as the situation with Extexmate, I know you are frustrated but let me say this, the labs for your doses of Lithium would not have shown HepB. That is a different lab that would have shown a Hep B infection. It, unfortunately for you, had nothing to do with your Lithium level. Two completely different protocols not to mention areas of medical expertise. Is it right? NO, but reality.
When TDCJ offered the Hep B vaccines back in 2000 (I believe it was) they made the decision not to test for antibodies for the Hep B virus due to costs. Though the vaccine was an expense, they decided that to vaccinate statewide was more cost effective. Thus, no Hep B antibodies were run on a routine basis. Did you receive the vaccine? I know the Hep B antibody had to be ordered seperately. There is a lot of variables to the Liver testing and your would have been one aspect.
As far as suing TDCJ, good luck with that. It is an uphill battle and one they have the Attorney General to cover them. If you need any help, let me know. As far as an attorney - most of them don't see inmates as "people", they see them as "inmates" (ex or not) I REALLY do wish you luck and I mean that with all sincerity. They hold the LIVES of our loved ones in their hands and don't really give a rats tail about them. God help them and open their eyes.
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Old 10-04-2007, 04:57 PM
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ExTex, I am sorry for what you are experiencing. I wish you luck. I do know of an attorney, not near you, but who is known in my area for being quite successful for suing for medical malpractice. If you are interested, you can PM me.

You guys ... don't even get me started on medical care in TDC. I am truly appalled. That, among other things, is something I often go home shaking my head about, feeling completely helpless and wishing, for the sake of the men I work with, that I were a doctor. Then I KNOW things would be taken care of.
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Old 04-30-2012, 10:31 PM
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Quote:
Originally Posted by Cat's Meow View Post
ExTex, I am sorry for what you are experiencing. I wish you luck. I do know of an attorney, not near you, but who is known in my area for being quite successful for suing for medical malpractice. If you are interested, you can PM me.

You guys ... don't even get me started on medical care in TDC. I am truly appalled. That, among other things, is something I often go home shaking my head about, feeling completely helpless and wishing, for the sake of the men I work with, that I were a doctor. Then I KNOW things would be taken care of.
Please contact me my son was murdered last 07/13/2011 and I am looking for an attorney to file a federal lawsuit for his death at Jester IV. Please Cat Meow contact me at my eamil on this site. My son number was #643117.He was a Schiz and they doggie him plus he had DM, HTN, Arthrtis, Deaf in his left ear and etc.

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Old 04-30-2012, 10:57 PM
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johnsonld5,

I am really very sorry to hear about your son. I just want to point out that that the thread you have posted in was started in 2007, and member Cat's Meow has not been active since 2008. I'm not sure that anyone from this thread will respond, but hopefully some more current members will have knowledge for you. I wish you the best of luck.
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Old 04-30-2012, 11:24 PM
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Quote:
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johnsonld5,

I am really very sorry to hear about your son. I just want to point out that that the thread you have posted in was started in 2007, and member Cat's Meow has not been active since 2008. I'm not sure that anyone from this thread will respond, but hopefully some more current members will have knowledge for you. I wish you the best of luck.
Thanks because I am looking for a lawyer to sue the medical physician, and several guards who killed him. But this is our Texas Government a bunch of crooks.
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