Judge says D.C. neglects HIV care for Latino prisoners

U.S. District Judge Joyce Hens Green ruled that the District of Columbia Corrections Department violated the constitutional rights of Latino prisoners. The Corrections Department failed to provide interpreters for Latino prisoners to receive adequate medical and mental health care. For example, the Department of Correction's HIV testing and counseling programs were faulted for giving incomplete information to Latino inmates. Judge Green's decision came after a five-day nonjury trial in a class action lawsuit filed on behalf of Latino inmates. Testimony showed that medical personnel and inmates resorted to hand gestures, sign language, and untrained interpreters to communicate. The situation was acute among inmates at risk for HIV and those with mental health problems. Latino inmates were not given information on how to request HIV tests and were forced to compromise their confidentiality by relying on others to communicate. No interpreters are available on a regular basis and only three members of the Department of Correction's medical staff are bilingual.     

Judge orders university to pay $600,000 for wrongful firing

Southeast Missouri State University has been ordered to pay $600,000 to an employee unlawfully fired because he has AIDS. The university claims the employee was fired following an audit of his department that showed the employee was responsible for excessive spending; the employee disputed the charge. The employee had been promoted several times and had favorable performance appraisals, but suffered many AIDS-related health problems following his 1994 diagnosis. His supervisor asked the campus medical director if the symptoms were consistent with AIDS; the employee was fired a year later. The university refused to continue his health care benefits temporarily, common practice in their severance policy. The employee's health has degenerated and he is not expected to survive through the university's appeal of the ruling.     

Judge orders Life Partners to suspend viatical business

Life Partners, Inc., a viatical settlement company, has been enjoined from selling new life insurance policies until it complies with Federal securities laws. U.S. District Judge Royce C. Lamberth stated that Life Partners did not comply with court orders to restructure its operations in such a way that its viatical settlement contracts would not constitute securities. The Securities and Exchange Commission asked that Life Partners be held in contempt of court, as the company is not registered to trade securities. Life Partners asked people to assign their life insurance policy to the company and not to individual investors. When the person died, the benefits were paid to Life Partners and then to investors. As a result, investors had no contractual rights against the insurance companies that issued the policies. The judge ruled that Life Partners had made some changes and improvements and would therefore not hold the company in contempt of court.     

Judge orders mother to give baby AZT, stop breast-feeding

A Lane County Circuit Court judge in Oregon ordered Kathleen Tyson to comply with her doctor's wishes to treat her newborn with AZT and to stop breast-feeding. The parents opposed the use of AZT because of possible side effects. The newborn has his mother's HIV antibodies, but it is too early to determine whether he is infected. The mother ceased her own AZT treatment during pregnancy after hearing about the drug's toxicity. The State Services to Children and Families has temporary legal custody of the newborn, although he will physically remain with his parents. The parents will be monitored for compliance to the court order.     

Judge orders insurer to pay viatical firm on benefits claim

Clifford Williamson listed his mother as beneficiary on a $31,000 life insurance policy with Hartford Life & Accident Insurance Co. He converted that to a viatical death benefits policy with Eterna Benefits L.L.C., naming that company as beneficiary. Later, he changed his beneficiary form through his employer to name his mother. When he died, Hartford declined to pay, saying it did not know who was the real beneficiary. Hartford eventually settled the case with Williamson's mother for an unspecified sum. However, Eterna continued its claim, and a U.S. District Judge ruled that Hartford must pay Eterna the full $31,000, plus interest.     

Universal radiographic screening for tuberculosis among inmates upon admission to jail.

OBJECTIVES: This study evaluated the efficacy of radiographic screening for tuberculosis in correctional facilities. METHODS: Inmates at an admission facility in New York, NY, were screened for tuberculosis by registry cross-match, symptom interviews, tuberculin testing, and chest radiography. RESULTS: Thirty-two cases of tuberculosis were detected among 4172 inmate admissions (767 cases per 100,000). Twenty-five inmates (78%) were previously diagnosed but incompletely treated; all were identified by registry cross-match. Seven inmates (22%) were newly diagnosed, of whom four (57%) were asymptomatic, had negative skin tests, and were detected only by their abnormal radiographs. CONCLUSIONS: Screening strategies that limit radiographic testing to inmates with either positive skin tests or symptoms may result in missed opportunities for diagnosing active tuberculosis.     

Seroconversion to human immunodeficiency virus in prison inmates.

We evaluated the prevalence and incidence of human immunodeficiency virus (HIV) infection in 3,837 inmates of a state prison system. Ninety-two (2.4 percent) were HIV-seropositive. The highest proportion of HIV-seropositive inmates was found among Blacks (5.4 percent), females, and those 30 years of age or older. HIV-seropositivity of entering inmates was also 2.4 percent and was unchanged over the three years of the study. Seroconversion occurred in two inmates while in prison, a rate of one conversion per 604 person-years, but HIV infection could have occurred before entry. Seroconversion to HIV was rare in inmates in this correctional facility.