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July 20, 2007
Virginia Supreme Court Slams Prisoner Health Services and It's Employees
Virginia Supreme Court Slams Prisoner Health Services and It's Employees
On June 8, 2007, the Virginia Supreme Court in the case of Oludare Ogunde v. Prison Health Service, et al., Record No. 061121, dealt a blow to Prison Health Services (PHS) and five of its current and former employees at the Greensville Correctional Center (Greensville). In an appeal filed by Ogunde, a Virginia prisoner formerly housed at Greesnsville, the Supreme Court ruled in favor of Ogunde in all but one of the issues reviewed and remanded the case to the Greensville County Circuit Court for further proceedings.
In summary, the Supreme Court ruled, based on the provisions of the contract between PHS and the Virginia Department of Corrections (VDOC), that PHS and it's employees are not entitled to sovereign immunity. Therefore, Ogunde is entitled to sue PHS and its employees for medical malpractice. The Court also reversed the dismissal of Ogunde's gross negligence and breach of contract claims. In ruling on the breach of contract claim, the Court agreed with the PHS and VDOC intended to provide a benefit to, among others, Ogunde." And for this reason, Ogunde was a third-party beneficiary entitled to sue for breach of the contract by PHS. Finally, the Court reversed the dismissal of Ogunde's claim that the failure to provide medical treatment was cruel and unusual punishment in violation of Art. I, Section 9 of the Constitution of Virginia and also reversed the Greensville Court's refusal to grant Ogunde leave to amend his motion for judgment.
Overall, this is a monumental decision and a victory for all Virginia prisoners, especially those under the care of PHS and its employees. The Court has drawn the line, and inmates should now be able to seek legal remedies against PHS and its employees for, among others, medical malpractice, negligence, breach of contract, and violation of Art. I, Section 9 of the Constitution of Virginia in state courts. It is no secret that many Virginia prisoners have unnecessarily suffered, and some have even lost their lives due to lack of care or substandard care provided by PHS and its employees. The Ogunde decision now makes those who provide health care to inmates in Virginia more accountable, and for this we thank the Supreme Court for doing the right thing.
This decision is published and will be available in all prison law libraries soon. A full copy of this Supreme Court decision is available at RIHD office for review.
This monumental decision and victory happened due to the endless work by prisoner Oludare Ogunde a member with the nonprofit group, PAFERJ and RIHD. On behalf of the all prisoners, their family/love one, and supporters for prison reform, we "thank you" him.
"Even when you feel as though there isn't a lot you can do to change unhappiness or problems, you can always do a little -- and a little at a time eventually makes a big difference" -- Barbara Cage
Posted by lois at July 20, 2007 11:36 PM