$50,000 Settlement for Failure to Treat Hernias
Corizon Health agreed to pay $50,000 in a lawsuit alleging it deprived a prisoner of medically necessary surgery to correct his hernias. The suit remained unsolved against the Florida Department of Corrections (FDC).
Upon receiving his initial physical exam upon entry into FDC on April 5, 2013, prisoner Jonathan Plotnick was immediately diagnosed with two hernias. That diagnosis was confirmed via an ultrasound. He was issued passes for a low bunk, restricted activity and a hernia truss. On May 5, 2013, he began filing grievances seeking more relief from his painful hernias. They were denied.
Meanwhile, Dr. Ta in June 2013 told him to he needed to lose 30 pounds and to exercise more, but Plotnick informed him he couldn’t exercise due to the hernias. Ta laughed at him. In August 2013, Ta told Plotnick he needed surgery for the hernias, but he said he could not grant it because of FDC’s money shortage issues. On August 29, 2013, Plotnick hernias popped out, but he was only given ibuprofen for the pain.
An ultrasound conducted on September 30, 2013, confirmed the two hernias, but Dr. Virginia Mesa said he may not even have a hernia at all. She told him there was “not enough time for surgery” despite the fact he was not due for release until 2021. Dr. Mesa denied further consults for surgery that Dr. Ta submitted. On June 1, 2014, Plotnick’s medical passes were revoked.
Represented by Florida Justice Institute attorneys Randall C. Berg, Jr., and Dante P. Trevisani, Plotnick sued Corizon, FDC, and Dr. Mesa on July 14, 2018, for deliberate indifference to his serious medical needs. Corizon agreed to the $50,000 settlement on February 26, 2015. Claims against FDC remained pending. See: Plotnick v. Crews, USDC, N.D. Florida, Care No. 4:14-cv-00384
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Related legal case
Plotnick v. Crews
| Year | 2015 |
|---|---|
| Cite | USDC, N.D. Florida, Care No. 4:14-cv-00384 |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 50,000 |