Case: Brash v. Wexford Health Source, Inc.

2:02-cv-14331 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 6, 2002

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Case Summary

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 1983, alleging that his Eighth Amendment right to be free from cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; also named as defendants were associated state and corporate individuals overseeing the contract medical provider's conduct. The plaintiff alleged that he had been treated elsewhere in the Florida prison system for his Hepatitis-C and cirrhosis but that when he was transferred to OCI, the medically-indicated treatments were halted solely for cost-saving reasons. Needing Interferon and Ribavirin treatments for his condition, he sought injunctive relief, declaratory relief, and attorneys' fees.

At the same time he filed his complaint, the plaintiff also sought, via motion, a preliminary injunction to require the defendants arrange that a gastroenterologist consult with him and provide the requested FDA-approved treatment regimen. The defendants, in their opposition to the motion, argued that the matter arose from a difference of opinion between doctors about medical care and was not a matter of deliberate indifference to plaintiff's medical needs. The plaintiff contended in response that the medical opinions cited by the defense were unreliable and self-serving, compared to the plaintiff's medical experts' opinions.

On January 7 and 9, 2003, the defendants filed motions to dismiss the complaint. The motion for a preliminary injunction and motions to dismiss were referred to U.S. Magistrate Judge Frank J. Lynch, Jr. On March 4, 2003, Magistrate Judge Lynch issued two separate reports and recommendations. First, he recommended denying the motion to dismiss. One defendant, who was Secretary of the Department of Corrections, had argued that the claims against him should be dismissed because providing health care to inmates was outside of the scope of his duties, but Magistrate Judge Lynch rejected this argument. The defendants had also argued that the plaintiff failed to state a prima facie case that his Eighth Amendment rights had been violated, but Magistrate Judge Lynch disagreed, explaining that the allegation that the defendants did not provide the treatment recommended by most of the plaintiff's doctors was enough for a prima facie case. On April 28, 2003, District Judge James C. Paine adopted the report and recommendation and denied the motion to dismiss.

Magistrate Judge Lynch also recommended that the plaintiff's motion for a preliminary injunction be denied. However, on April 29, 2003, Judge Paine reversed the magistrate judge's recommendation and granted the motion. Judge Paine held that the plaintiff had sufficiently shown a substantial threat of irreparable injury and a substantial likelihood of prevailing on the merits of his Eighth Amendment claim. Therefore, he ordered the defendants to let the plaintiff see a gastroenterologist and to provide the treatment that the gastroenterologist recommended.

On July 24, 2003, after an emergency motion by the plaintiff, Judge Paine entered an order making the preliminary injunction permanent, requiring the Interferon and Ribavirin treatments, and directing the parties to attempt to resolve the attorneys' fee issues within ninety days.

On November 18, 2003, the plaintiff's counsel filed a notice with the court that a settlement had been reached with the defendant on the matter of attorney fee payment. Specifics were not provided. On January 12, 2004, Judge Paine directed the court clerk to close the case, but reserved jurisdiction to enforce the previously-entered injunction. As of June 2024, there were no further developments.

Summary Authors

Mike Fagan (4/14/2008)

Elena Meth (3/6/2023)

Kyle O'Hara (6/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6151769/parties/brash-v-wexford-health/

Judge(s)

Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Attorney for Defendant

Baker-Seal, Denise E. (Florida)

Becht, Patrick Arthur (Florida)

Chusid, Mitchel (Florida)

Cohen, Harrison A (Florida)

Judge(s)

Lynch, Frank J. Jr. (Florida)

Paine, James Carriger (Florida)

Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Siegel, Peter Michael (Florida)

Attorney for Defendant

Baker-Seal, Denise E. (Florida)

Becht, Patrick Arthur (Florida)

Chusid, Mitchel (Florida)

Cohen, Harrison A (Florida)

Compton, Michael Franklin (Florida)

Delongis, Anthony Michael (Florida)

Dugan, Timothy P. (Florida)

Fischel, Courtney K. (Florida)

Flaherty, Megan E. (Florida)

Frank, John Edward (Florida)

Friedman, Lisa (Florida)

Gale, James M. (Florida)

Gayle-Smith, Paul M. (Florida)

Glantz, David J. (Florida)

Guth, Jesse B (Florida)

Hall, Lawrence S. (Florida)

Hamilton, Michael C (Florida)

Jun, Somin (Florida)

Koczan, Paula A. (Florida)

Lombardo, Joseph Jack (Florida)

Martin, Valerie Jo (Florida)

Miller, Christopher M (Florida)

Mountford, William E. (Florida)

Ottinot, Hans (Florida)

Patrissi, Patrick (Florida)

Porta, Daria Ann (Florida)

Rasch, Carissa Kaye (Florida)

Rosenberg, David J. (Florida)

Rowe, David (Florida)

Schnautz, Sarah E (Florida)

Sharon, Lynn Eileen (Florida)

Sheikali, Jad (Florida)

Slovis, Michael R. (Florida)

Smith, Gina Marie (Florida)

Tengesdal, Robert Steven (Florida)

Warren, Leslie M. (Florida)

Weller, Matthew H (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:02-cv-14331	Docket (PACER)	June 10, 2004	June 10, 2004 Docket
1 2:02-cv-14331	Verified Complaint	Dec. 6, 2002	Dec. 6, 2002 Complaint
2 2:02-cv-14331	Motion for Preliminary Injunction with Incorporated Memorandum of Law	Dec. 6, 2002	Dec. 6, 2002 Pleading / Motion / Brief
2:02-cv-14331	Defendants' Wexford Health Sources, Inc and David Rowe's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and Motion for a Prompt Hearing	Jan. 15, 2003	Jan. 15, 2003 Pleading / Motion / Brief
38 2:02-cv-14331	Plaintiff's Reply Memorandum in Opposition to Defendants' Responses to Plaintiff's Motion for a Preliminary Injunction	Feb. 18, 2003	Feb. 18, 2003 Pleading / Motion / Brief
47 2:02-cv-14331	Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc's and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint	March 4, 2003	March 4, 2003 Magistrate Report/Recommendation
63 2:02-cv-14331	Order Adopting the Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc.'s and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint Brash v. Wexford Health Sources, Inc.	April 28, 2003	April 28, 2003 Order/Opinion
67 2:02-cv-14331	Order	April 29, 2003	April 29, 2003 Order/Opinion
106 2:02-cv-14331	Order	July 24, 2003	July 24, 2003 Order/Opinion
111 2:02-cv-14331	Plaintiff's Notice of Settlement of Attorneys' Fees	Nov. 18, 2003	Nov. 18, 2003 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
JAMA Viewpoint: The Carceral-Community Cascade and HCV Elimination Matthew J. Akiyama, MD, MSc; Tessa Bialek, JD; Raphael Simonson, BA	The article proposes a sector-wide approach to expanding Hepatitis C testing and direct acting antiviral treatment, guided by the HCV carceral-community cascade and intended to leverage the criminal …	November 2024	Nov. 14, 2024 https://jamanetwork.com/...
White Paper: Policies for Expanding Hepatitis C Testing and Treatment in United States Prisons and Jails Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.	This white paper proposes policies for expanding access to Hepatitis C (HCV) testing and treatment in United States jails and prisons. In recent years, dozens of lawsuits across the country have sou…	April 2023	April 19, 2023

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6151769/brash-v-wexford-health/

Last updated March 25, 2026, 4:42 a.m.

ECF Number	Date	Description	Link
1	Dec. 6, 2002	VERIFIED COMPLAINT filed; FILING FEE $150.00 RECEIPT #873709; Magistrate Judge Linnea R. Johnson (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
2	Dec. 6, 2002	MOTION with memorandum in support by Allen Brash for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
3	Dec. 6, 2002	MOTION by Allen Brash for prompt hearing on [2-1] motion for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
4	Dec. 6, 2002	MOTION by Allen Brash for writ of habeas corpus ad testificandum (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
5	Dec. 6, 2002	Notice of filing EXHIBITS to: [2-1] motion for preliminary injunction by Allen Brash (mh, Deputy Clerk) Modified on 12/10/2002 (Entered: 12/10/2002)	RECAP
6	Dec. 6, 2002	SUMMONS(ES) issued for Wexford Health (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
7	Dec. 6, 2002	SUMMONS(ES) issued for David Rowe (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
8	Dec. 6, 2002	SUMMONS(ES) issued for Dept. of Corrections (mh, Deputy Clerk) (Entered: 12/09/2002)	RECAP
9	Dec. 10, 2002	CLERK's NOTICE CORRECTING MAGISTRATE JUDGE ASSIGNMENT (gp, Deputy Clerk) (Entered: 12/11/2002)	RECAP
10	Dec. 13, 2002	SUMMONS(ES) issued for Wexford Health (gp, Deputy Clerk) (Entered: 12/16/2002)	RECAP
11	Dec. 13, 2002	ORDER OF REFERENCE Referring Motion(s) [4-1] motion for writ of habeas corpus ad testificandum referred to Magistrate Frank J. Lynch, [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch, [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 12/10/02) [EOD Date: 12/16/02] (at, Deputy Clerk) (Entered: 12/16/2002)	RECAP
12	Dec. 16, 2002	NOTICE of Filing Dr. Stone's Declaration In Support of Plaintiff's Motion for Preliminary Injunction by Allen Brash (at, Deputy Clerk) (Entered: 12/17/2002)	RECAP
13	Dec. 16, 2002	Declaration of Richard I. Stone, MD by Allen Brash re: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 12/17/2002)	RECAP
14	Dec. 18, 2002	NOTICE OF FILING RETURN OF SERVICE executed for Dept. of Corrections on 12/10/02 Answer due on 12/30/02 for Dept. of Corrections (at, Deputy Clerk) (Entered: 12/19/2002)	RECAP
15	Dec. 23, 2002	UNOPPOSED MOTION by Wexford Health, David Rowe to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum (at, Deputy Clerk) (Entered: 12/26/2002)	RECAP
16	Dec. 24, 2002	NOTICE OF FILING RETURN OF SERVICE executed for Wexford Health on 12/18/02 Answer due on 1/7/03 for Wexford Health (at, Deputy Clerk) Modified on 12/26/2002 (Entered: 12/26/2002)	RECAP
17	Dec. 27, 2002	UNOPPOSED MOTION by Michael Moore to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction with incorporated memorandum of law and Motion for a prompt hearing on plaintiff's Motion for a preliminary injunction (Former Deputy Clerk) (Entered: 12/27/2002)	RECAP
18	Dec. 30, 2002	ORDER granting [17-1] motion to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction and Motion for a prompt hearing on plaintiff's Motion for a injunction to and including 1/6/2003( Signed by Magistrate Frank J. Lynch on 12/20/02) [EOD Date: 12/30/02] (Former Deputy Clerk) (Entered: 12/30/2002)	RECAP
20	Jan. 7, 2003	MOTION with memorandum in support by Dept. of Corrections to dismiss verified complaint (cg, Deputy Clerk) (Entered: 01/09/2003)	RECAP
21	Jan. 7, 2003	RESPONSE/MOTION by Dept. of Corrections in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)	RECAP
22	Jan. 7, 2003	RESPONSE by Dept. of Corrections in opposition to [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)	RECAP
19	Jan. 8, 2003	MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/08/2003)	RECAP
23	Jan. 9, 2003	MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing (at, Deputy Clerk) (Entered: 01/09/2003)	RECAP
24	Jan. 9, 2003	MOTION with memorandum in support by Wexford Health, David Rowe to dismiss complaint (at, Deputy Clerk) (Entered: 01/09/2003)	RECAP
25	Jan. 9, 2003	MEMORANDUM by Wexford Health, David Rowe in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction, [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 01/09/2003)	RECAP
26	Jan. 13, 2003	MEMORANDUM by Allen Brash in opposition to [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing, [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/14/2003)	RECAP
28	Jan. 13, 2003	ORDER granting nunc pro tunc [15-1] motion to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum granting [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing, granting [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/13/03) [EOD Date: 1/16/03] (cg, Deputy Clerk) (Entered: 01/16/2003)	RECAP
27	Jan. 15, 2003	NOTICE OF FILING RETURN OF SERVICE executed for David Rowe on 12/23/02 Answer due on 1/13/03 for David Rowe (at, Deputy Clerk) (Entered: 01/16/2003)	RECAP
29	Jan. 22, 2003	UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] (at, Deputy Clerk) (Entered: 01/23/2003)	RECAP
30	Jan. 22, 2003	ORDER OF REFERENCE Referring Motion(s) [24-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch, [20-1] motion to dismiss verified complaint referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 1/22/03) [EOD Date: 1/23/03] (at, Deputy Clerk) (Entered: 01/23/2003)	RECAP
31	Jan. 24, 2003	UNOPPOSED SECOND MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing (at, Deputy Clerk) (Entered: 01/27/2003)	RECAP
32	Jan. 27, 2003	ORDER granting [29-1] motion to extend time to 1/31/03 to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] ( Signed by Magistrate Frank J. Lynch on 1/27/03) [EOD Date: 1/29/03] (cg, Deputy Clerk) (Entered: 01/29/2003)	RECAP
33	Jan. 29, 2003	ORDER granting [31-1] motion to extend time to 2/18/03 to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/29/03) [EOD Date: 1/30/03] (cg, Deputy Clerk) (Entered: 01/30/2003)	RECAP
34	Feb. 3, 2003	SECOND UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/04/2003)	RECAP
35	Feb. 4, 2003	NOTICE of Filing Dr Michael W. Fried's Declaration In Support of Their Memorandum by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/05/2003)	RECAP
42	Feb. 10, 2003	ORDER granting [34-1] motion to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction ( Signed by Magistrate Frank J. Lynch on 2/10/03) [EOD Date: 2/25/03] (cg, Deputy Clerk) (Entered: 02/25/2003)	RECAP
36	Feb. 12, 2003	NOTICE of Filing Dr. Michael W. Fried's Original Declaration by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/14/2003)	RECAP
37	Feb. 18, 2003	MEMORANDUM by Allen Brash in opposition to [24-1] motion to dismiss complaint, [20-1] motion to dismiss verified complaint (at, Deputy Clerk) (Entered: 02/18/2003)	RECAP
38	Feb. 18, 2003	REPLY MEMORANDUM by Allen Brash to response to [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/18/2003)	RECAP
39	Feb. 18, 2003	MOTION with memorandum in support by Allen Brash to strike conclusory declaration of Michael W. Fried M.D. (at, Deputy Clerk) (Entered: 02/18/2003)	RECAP
40	Feb. 18, 2003	NOTICE of Filing Rebuttal Declaration of Bennet Cecil by Allen Brash (at, Deputy Clerk) (Entered: 02/18/2003)	RECAP
41	Feb. 18, 2003	REBUTTAL DECLARATION of Bennet Cecil, M.D. by Allen Brash re: [38-1] response reply (at, Deputy Clerk) (Entered: 02/19/2003)	RECAP
43	Feb. 27, 2003	REPLY by Wexford Health, David Rowe to response to [24-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 02/27/2003)	RECAP
44	March 4, 2003	ORDER denying [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction denying [4-1] motion for writ of habeas corpus ad testificandum ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)	RECAP
45	March 4, 2003	ORDER denying [39-1] motion to strike conclusory declaration of Michael W. Fried M.D. ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)	RECAP
46	March 4, 2003	REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [2-1] motion for preliminary injunction be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)	RECAP
47	March 4, 2003	REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [20-1] motion to dismiss verified complaint, [24-1] motion to dismiss complaint be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)	RECAP
48	March 6, 2003	OPPOSITION by Wexford Health, David Rowe TO [39-1] motion to strike conclusory declaration of Michael Fried M.D. (at, Deputy Clerk) (Entered: 03/07/2003)	RECAP
49	March 14, 2003	OBJECTION by Allen Brash to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/14/2003)	RECAP
50	March 17, 2003	OBJECTION by Wexford Health, David Rowe to [47-1] report and recommendations (Former Deputy Clerk) (Entered: 03/21/2003)	RECAP
51	March 20, 2003	RESPONSE by Allen Brash to [50-1] objection (at, Deputy Clerk) (Entered: 03/21/2003)	RECAP
52	March 24, 2003	RESPONSE by Dept. of Corrections to [49-1] objection to Report and Recommendation Denying Plaintiff's Motion for Preliminary Injunction (at, Deputy Clerk) (Entered: 03/25/2003)	RECAP
53	March 25, 2003	RESPONSE by Wexford Health, David Rowe to Objections to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/26/2003)	RECAP
54	April 2, 2003	REPLY by Allen Brash to Defendants' Responses To Plaintiff's Objections [53-1] report & recommendations response (at, Deputy Clerk) (Entered: 04/03/2003)	RECAP
55	April 9, 2003	Joint Scheduling Report of Scheduling Meeting by Allen Brash, Wexford Health, David Rowe, Dept. of Corrections (at, Deputy Clerk) (Entered: 04/10/2003)	RECAP
56	April 15, 2003	EMERGENCY MOTION with memorandum in support by Allen Brash to shorten time to respond to request for production, and to set on expedited track, and for completion of discovery within 90 days, and for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/16/2003)	RECAP
57	April 21, 2003	NOTICE of Filing Second Supplemental Declaration of Dr. Cecil In support of plaintiff's motion for preliminary injunction by Allen Brash (at, Deputy Clerk) (Entered: 04/22/2003)	RECAP
58	April 21, 2003	SUPPLEMENTAL DECLARATION OF BENNET CECIL, MD by Allen Brash to: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 04/22/2003)	RECAP
59	April 21, 2003	MOTION by Dept. of Corrections depose incarcerated plaintiff (cg, Deputy Clerk) (Entered: 04/22/2003)	RECAP
60	April 21, 2003	NOTICE of Unavailability by Dept. of Corrections for dates of: 5/19/03 thru 5/30/03 (cg, Deputy Clerk) (Entered: 04/22/2003)	RECAP
61	April 23, 2003	NOTICE of filing Rule 26(A)(1) initial disclosures by Dept. of Corrections (cg, Deputy Clerk) (Entered: 04/24/2003)	RECAP
62	April 25, 2003	NOTICE of NON-OBJECTION TO THE DEPARTMENT OF CORRECTIONS MOTION TO DEPOSE INCARCERATED PLAINTIFF by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 04/25/2003)	RECAP
63	April 28, 2003	ORDER ADOPTING THE REPORT AND RECOMMENDATION OF DEFENDANT MOORE'S MOTION TO DISMISS VERIFIED COMPLAINT AND DEFENDANTS WEXFORD HEALTH SOURCES, INC'S AND DAVID ROWE'S MOTION TO DISMISS PLAINTIFF'S VERIFIED COMPLAINT adopting [47-1] report and recommendations denying [20-1] motion to dismiss verified complaint, denying [24-1] motion to dismiss complaint (Signed by Judge James C. Paine on 4/25/03) [EOD Date: 4/28/03] CCAP (at, Deputy Clerk) (Entered: 04/28/2003)	RECAP
64	April 29, 2003	MEMORANDUM OF LAW by Wexford Health, David Rowe in opposition to [56-1] motion to shorten time to respond to request for production, [56-2] motion to set on expedited track, [56-3] motion for completion of discovery within 90 days, [56-4] motion for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/29/2003)	RECAP
65	April 29, 2003	ORDER SETTING NON-JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES setting Deadline for filing of all Pretrial Motions by 8/14/03; A non-Jury Trial set for 9:30 a.m. on 10/14/03 Pretrial Stipulation due on or before 9/29/03; Calendar Call set for 9:00 a.m. on 10/2/03; All Discovery must be completed by 7/31/03; (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)	RECAP
66	April 29, 2003	ORDER MANDATING MEDIATION referring case to mediation. 15 days to appoint mediator (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] (at, Deputy Clerk) (Entered: 04/30/2003)	RECAP
67	April 29, 2003	ORDER The Magistrate Judge's 3/4/03 [46-1] Report and Recommendations is REVERSED. Plaintiff's [2-1] motion for preliminary injunction is GRANTED. (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)	RECAP
68	April 29, 2003	MOTION with memorandum in support by Dept. of Corrections in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days (at, Deputy Clerk) (Entered: 04/30/2003)	RECAP
69	April 29, 2003	ORDER granting [59-1] motion depose incarcerated plaintiff ( Signed by Magistrate Frank J. Lynch on 4/29/03) [EOD Date: 5/2/03] (cg, Deputy Clerk) (Entered: 05/02/2003)	RECAP
70	May 1, 2003	EMERGENCY MOTION by Allen Brash for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/02/2003)	RECAP
71	May 7, 2003	ORDER granting [70-1] motion for clarification of [67-1] order (Signed by Judge James C. Paine on 5/6/03) [EOD Date: 5/8/03] (at, Deputy Clerk) (Entered: 05/08/2003)	RECAP
72	May 8, 2003	OPPOSITION by Wexford Health, David Rowe to [70-1] motion for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/09/2003)	RECAP
73	May 9, 2003	Answer and Affirmative Defenses by Wexford Health, David Rowe, (at, Deputy Clerk) (Entered: 05/12/2003)	RECAP
74	May 12, 2003	Answer and affirmative defenses by Dept. of Corrections (cg, Deputy Clerk) (Entered: 05/13/2003)	RECAP
75	May 16, 2003	NOTICE of selection of Leslie W. Langbein as Mediator by Allen Brash (at, Deputy Clerk) (Entered: 05/16/2003)	RECAP
76	May 16, 2003	RESPONSE by Dept. of Corrections in opposition to [70-1] motion for clarification of [67-1] order (cg, Deputy Clerk) (Entered: 05/20/2003)	RECAP
77	May 19, 2003	Unopposed MOTION by Dept. of Corrections to extend time to depose incarcerated pltf (cg, Deputy Clerk) (Entered: 05/20/2003)	RECAP
78	May 21, 2003	MOTION by Wexford Health, David Rowe for protective order, and/or to extend time to respond to plaintiff's discovery requests (at, Deputy Clerk) (Entered: 05/21/2003)	RECAP
79	May 21, 2003	ORDER denying [56-1] motion to shorten time to respond to request for production, denying [56-2] motion to set on expedited track, denying [56-3] motion for completion of discovery within 90 days, denying [56-4] motion for set trial date certain within 110 days, Court contrues as a response re: [68-1] motion in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days granting [77-1] motion to extend time to depose incarcerated pltf until 7/11/03 ( Signed by Magistrate Frank J. Lynch on 5/21/03) [EOD Date: 5/22/03] (cg, Deputy Clerk) (Entered: 05/22/2003)	RECAP
80	May 22, 2003	ORDER in re: [78-1] motion for protective order, granting [78-2] motion to extend time for add'l 30 days to respond to plaintiff's discovery requests ( Signed by Magistrate Frank J. Lynch on 5/22/03) [EOD Date: 5/28/03] (cg, Deputy Clerk) (Entered: 05/28/2003)	RECAP
81	May 29, 2003	NOTICE by Dept. of Corrections to take deposition of Allen Brash 7/1/03 at 1:00 (cg, Deputy Clerk) (Entered: 05/30/2003)	RECAP
82	June 9, 2003	NOTICE of Filing Consultant Report of Defendants' Gastroenterologist Recommending Plaintiff's Retreatment by Allen Brash (at, Deputy Clerk) (Entered: 06/10/2003)	RECAP
83	July 8, 2003	EMERGENCY MOTION with memorandum in support by Allen Brash to compel responses to first request for production of documents to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)	RECAP
84	July 8, 2003	EMERGENCY MOTION by Allen Brash to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)	RECAP
85	July 8, 2003	EMERGENCY MOTION with memorandum in support by Allen Brash for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/09/2003)	RECAP
86	July 9, 2003	MOTION by Allen Brash, Wexford Health, David Rowe for entry of order (Former Deputy Clerk) (Entered: 07/24/2003)	RECAP
87	July 9, 2003	MOTION by Allen Brash for order of substitution (at, Deputy Clerk) (Entered: 07/10/2003)	RECAP
88	July 9, 2003	EMERGENCY MOTION by Allen Brash for conversion of Preliminary Injunction into a permanent Injunction, or in the alternative for Evidentiary Hearing prior to the entry of a permanent injunction (at, Deputy Clerk) (Entered: 07/10/2003)	RECAP
89	July 11, 2003	ORDER OF REFERENCE Referring Motion(s) [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore referred to Magistrate Frank J. Lynch, [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore referred to Magistrate Frank J. Lynch, [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 7/10/03) [EOD Date: 7/14/03] (at, Deputy Clerk) (Entered: 07/14/2003)	RECAP
90	July 15, 2003	MOTION by Dept. of Corrections for entry of order (at, Deputy Clerk) (Entered: 07/16/2003)	RECAP
91	July 16, 2003	RESPONSE by Dept. of Corrections to [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/16/2003)	RECAP
92	July 16, 2003	MEMORANDUM by Allen Brash in opposition to [90-1] motion for entry of order (at, Deputy Clerk) (Entered: 07/17/2003)	RECAP
96	July 16, 2003	ORDER granting [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore granting [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore granting [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel ( Signed by Magistrate Frank J. Lynch on 7/16/03) [EOD Date: 7/18/03] (cg, Deputy Clerk) (Entered: 07/18/2003)	RECAP
93	July 17, 2003	EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/17/2003)	RECAP
94	July 17, 2003	EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition of secretary James V. Crosby (at, Deputy Clerk) (Entered: 07/17/2003)	RECAP
95	July 17, 2003	EMERGENCY MOTION with memorandum in support by Dept. of Corrections to quash subpoena, and for protective order regarding deposition of Dianne Rechtine (at, Deputy Clerk) (Entered: 07/17/2003)	RECAP
97	July 17, 2003	MEMORANDUM by Allen Brash in opposition to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (Former Deputy Clerk) (Entered: 07/18/2003)	RECAP
98	July 18, 2003	OBJECTION by Wexford Health, David Rowe TO PLAINTIFF'S PROPOSED ORDER ATTACHED TO EMERGENCY MOTION FOR CONVERSION OF PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (at, Deputy Clerk) (Entered: 07/21/2003)	RECAP
99	July 18, 2003	REPLY by Dept. of Corrections to response to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/21/2003)	RECAP
100	July 21, 2003	OMNIBUS ORDER DENYING DEFENDANT'S EMERGENCY MOTIONS FOR PROTECTIVE ORDER REGARDING DEPOSITION OF SECRETARY JAMES V. CROSBY, JR FOR PROTECTIVE ORDER REGARDING DEPOSITION PURSUANT TO RULE 30(B)(6) AND TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER REGARDING DEPOSITION OF DIANNE RECHTINE denying [94-1] motion for protective order regarding deposition of secretary James V. Crosby, denying [93-1] motion for protective order regarding deposition, denying [95-2] motion for protective order regarding deposition of Dianne Rechtine (Signed by Judge James C. Paine on 7/21/03) [EOD Date: 7/21/03] (at, Deputy Clerk) (Entered: 07/21/2003)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 6, 2002

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Florida state inmate infected with Hepatitis C and suffering from cirrhosis, who sought retreatment with Pegylated Interferon and Ribavirin

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Wexford Health Source, Inc.

State

Florida Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Southern District of Florida 2:02-cv-14331

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medication, administration of

Recommended Citation

Case Summary of Brash v. Wexford Health Source, Inc., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10578/ (last updated 6/24/2024).