Attorney Andrew H. Foulkrod, member of the firm's Harrisburg medical malpractice team recently obtained a defense verdict in U.S. District Court, Middle District of Pennsylvania. The jury's verdict marks yet another victory that Mr. Foulkrod has obtained for prison physicians who are sued by inmates for denial of adequate medical care.
In the case, Plaintiff-inmate was HIV-positive, and he did not receive HIV medication for a period of nine months. He alleged compromise to his immune system and exposure to the risk of drug resistance. Plaintiff was represented by a team of seasoned civil rights attorneys, including the former Chair of the PBA Civil and Equal Rights Committee, who argued that Plaintiff put the prison's medical department on notice of his unmet medical needs through written grievances and verbal notification.
Mr. Foulkrod led the jury through the paper trail and testimonial evidence to establish that the prison physician was unaware of Plaintiff's unmet medical needs. The defense also established, through cross-examination, that Plaintiff knowingly failed to follow the prison's procedures for obtaining medical treatment for HIV. Ultimately, the jury found that the prison physician did not violate Plaintiff's civil rights.