Notable Cases

The Mizner Law Firm represented the following inmates denied adequate medical care all which resulted in financial settlements for the inmate:

Erie County to pay $1.1 million in asthma death case

A $1.1 million settlement will end the legal fight between Erie County and the family of a work-release inmate who died in May 2018 after suffering an asthma attack while in the county’s custody. Notice of the settlement amount was filed Friday afternoon in U.S. District Court in Erie. A judge still must approve the agreement. Read more…

Failure to Care for Pregnant Woman

A woman in state prison who was seven months pregnant was physically assaulted, and thereafter began suffering from cramps and bleeding. The medical staff refused to provide any care to her for a full week, and did not send her to the hospital until she suffered a miscarriage. 

Failure to Treat Infection

A woman in county jail had pneumonia for about six weeks, but was never examined by a physician. After one round of antibiotics were not effective, she was never given an alternative treatment plan, and ultimately died from the infection. The Mizner Law Firm represents her family in a federal civil rights lawsuit, which is currently pending in federal court. 

Failure to Provide Medically Prescribed Brace

A man underwent finger surgery and was prescribed a brace to stabilize the joint. Shortly thereafter, he was incarcerated in a county prison and the brace was taken away. Although he repeatedly requested a brace, none was ever provided, and the finger eventually was amputated as a result. 

Failure to Properly Diagnose Cancer

A man in state prison had a lump growing in his jaw. He showed the medical staff, who took several months to finally order a biopsy, which showed stage four cancer. Tragically, he died, but had he been send for a biopsy immediately, his changes of surviving the cancer would have been significantly higher. 

Failure to Treat Hepatitis C

A man in state prison has suffered from Hepatitis C for many years. However, he has not received any treatment for the disease since 2008, and has only received monitoring since. A new treatment for Hepatitis C was developed in 2013, but per the prison medical policy, the medical department is not providing it to him. This case is pending in federal court. 

Removal of Oxygen

A man in state prison required oxygen to breath. Unfortunately, medical staff decided to remove his oxygen while he was sleeping, with the hope of having him sent back to the hospital. The man struggled to breathe, his oxygen levels dropped to dangerously low levels, and he died a few weeks later. 

Failure to Monitor for Infection

A man in state prison had cancer, and was undergoing chemotherapy which left him at serious risk for infection. The doctor ordered he undergo twice a week blood testing to monitor for infection, but the medical staff failed to do so. The man’s left foot became infected, and because of his weakened immune system had to undergo an amputation of his left leg below the knee. This case is still pending in federal court. 

Failure to Rule out Lymphoma

A man in state prison reported pain and a lump in his jaw. For seven months, he repeatedly asked for assistance at the medical department, and was told he only had a torn rotator cuff. Finally, seven months after he reported the issue, a biopsy was finally ordered, which revealed he had malignant lymphoma. Tragically, the man died as a delay in treatment. 

Failure to Care for Detached Retina

A man in state prison noticed seeing red in his eye. He went to the medical department, who did not send him to a specialist for several weeks. As a result, he lost all sight in his left eye. 

Failure to Treat a Hernia

A man in state prison suffered from a hernia for many years, until finally a surgeon recommended that he have corrective surgery. However, the medical department refused to allow the surgery, even though it was recommended by the specialist. This case is currently pending in federal court. 

Failure to Provide Alternative Drug Testing

A man in state prison who had difficulty producing a urine sample was forced to drink over 30 cups of water, in an attempt to comply with a random drug test. The large amount of water caused a seizure, leading to other medical complications. This case is currently pending in federal court.

Failure to Prevent Suicide

A man in county prison informed people that he did not think he could serve time in jail, and that he would kill himself. This information was relayed to jail staff, who did nothing to prevent a suicide. As a result, within a few hours of the staff’s notification, the man tragically took his own life. This case is currently pending in federal court.

Failure to Accommodate a Physical Handicap

A man in state prison had a physical handicap, which required him to wear leg braces in his cell and only shower in a handicapped accessible facility. Because there was no handicapped shower in his area of the prison, he was denied a shower for several months, in violation of the Americans with Disabilities Act. This case is currently pending in federal court.