2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 1 of 6
`E-FILED
` Thursday, 13 April, 2023 04:50:04 PM
` Clerk, U.S. District Court, ILCD
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`JEFFREY ORR, et al.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF ILLINOIS
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`Plaintiffs,
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`-vs-
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`WILLARD O. ELYEA, M.D.,
`MICHAEL PUISIS, DR. STEVEN BOWMAN,
`DR. LOUIS SHICKER, and
`DR. STEVEN MEEKS,
`
`No. 08-2232-HAB-DGB
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`Defendants.
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`THIRD AMENDED COMPLAINT
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`COUNT I
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`JURISDICTIONAL STATEMENT
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`Plaintiffs are all inmates or former inmates of the Illinois Department of Corrections.
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`Plaintiffs= civil rights were violated in contravention of 42 U.S.C. '1983 because the Defendants
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`were deliberately indifferent to Plaintiffs= medical condition in that inmates did not receive needed
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`medical treatment for Hepatitis C. As further set forth in this Complaint, Plaintiffs have
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`exhausted all administrative remedies.
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`This action arises under the Eighth and Fourteenth Amendments to the United States
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`Constitution and 42 U.S.C. ' 1983. Jurisdiction is invoked pursuant to 28 U.S.C.'' 1331 and
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`1343(a). This Court has jurisdiction over the Plaintiffs’ request for declaratory and injunctive
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`relief pursuant to 28 U.S.C.' 2201-2202.
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`1. All of the Plaintiffs are or were inmates at various Correctional Centers, prisons
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`PARTIES
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`E-FILED
` Thursday, 13 April, 2023 04:50:04 PM
` Clerk, U.S. District Court, ILCD
`
`
`
`
`JEFFREY ORR, et al.,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF ILLINOIS
`
`Plaintiffs,
`
`
`
`-vs-
`
`
`
`
`
`
`
`
`
`
`
`WILLARD O. ELYEA, M.D.,
`MICHAEL PUISIS, DR. STEVEN BOWMAN,
`DR. LOUIS SHICKER, and
`DR. STEVEN MEEKS,
`
`No. 08-2232-HAB-DGB
`
`)
`)
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`)
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`
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`
`
`
`
`Defendants.
`
`THIRD AMENDED COMPLAINT
`
`COUNT I
`
`JURISDICTIONAL STATEMENT
`
`Plaintiffs are all inmates or former inmates of the Illinois Department of Corrections.
`
`Plaintiffs= civil rights were violated in contravention of 42 U.S.C. '1983 because the Defendants
`
`were deliberately indifferent to Plaintiffs= medical condition in that inmates did not receive needed
`
`medical treatment for Hepatitis C. As further set forth in this Complaint, Plaintiffs have
`
`exhausted all administrative remedies.
`
`This action arises under the Eighth and Fourteenth Amendments to the United States
`
`Constitution and 42 U.S.C. ' 1983. Jurisdiction is invoked pursuant to 28 U.S.C.'' 1331 and
`
`1343(a). This Court has jurisdiction over the Plaintiffs’ request for declaratory and injunctive
`
`relief pursuant to 28 U.S.C.' 2201-2202.
`
`1. All of the Plaintiffs are or were inmates at various Correctional Centers, prisons
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`PARTIES
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`2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 2 of 6
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`maintained by the Illinois Department of Corrections (hereinafter AIDOC@) and to the extent
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`required, have filed appropriate grievances and exhausted the administrative remedies available to
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`them.
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`2. That each of the Plaintiffs, listed in Exhibit A, have all been diagnosed as being infected
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`with the Hepatitis C virus.
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`3. That the Defendants Willard O. Elyea, Michael Puisis, Dr. Louis Shicker, Dr. Steven
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`Bowman and Dr. Steven Meeks were at various times since the filing of this Complaint medical
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`directors of the Department of Corrections and during their term were responsible for adopting the
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`policy for treatment of prisoners with Hepatitis C as well as other medical conditions.
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`4. Plaintiffs have exhausted all administrative remedies available to them. Further, each
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`of the Defendants had adopted a policy that all grievances in this matter are to be denied without
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`consideration, making further administrative efforts futile.
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`FACTUAL CLAIMS
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`5. A highly effective chemical treatment program for Hepatitis C is available, which has
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`been shown to reduce the effects of Hepatitis C, and even in some cases destroy it completely.
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`Treatment begun early is more effective than when treatment is delayed. New drugs have
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`increased accuracy rates to 95% or above. The Treatments are administered by taking pills over
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`a course of 7 weeks.
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`6. None of the Plaintiffs have received appropriate medical care for their Hepatitis C or
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`have been denied antiviral treatment altogether.
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`7. That a failure to treat Hepatitis C increases a person’s likelihood of co-morbidities, can
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`lead to liver cancer, cirrhosis of the liver and death, generally causes a person to lose three tenths
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`2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 3 of 6
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`of a year of life expectancy for every year in which the Hepatitis is untreated, and otherwise is
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`injurious to the individual’s health.
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`8. That each of the individual Defendants were, at all times while serving as the medical
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`director for the Illinois Department of Corrections, aware of the risks to Plaintiffs by virtue of the
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`non-treatment of Hepatitis C.
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`9. That each of the individual Defendants, during the time he was the medical director for
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`the Illinois Department of Corrections, adopted or continued to follow a policy which was
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`deliberately indifferent to the Plaintiffs’ medical condition, prevented Plaintiffs from getting
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`treatment, caused the Plaintiffs not to receive treatment for the sole reason as to the cost of
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`treatment. That each of the individual Defendants, during his term as medical director of the
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`Illinois Department of Corrections, adopted or continued to follow a policy which was deliberately
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`indifferent to the Plaintiffs’ serious medical condition, the presence of the Hep C virus, prevented
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`Plaintiffs from getting timely treatment or caused Plaintiffs not to receive treatment.
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`10. That there was, other than the cost of treatment, no reason why the Plaintiffs should
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`not have been treated for Hepatitis C.
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`11. The individual Defendants during their time as medical director for the Illinois
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`Department of Corrections set artificial barriers to treatment and took whatever steps they could
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`to avoid treating Plaintiffs. Defendants’ policy failed to treat Plaintiffs who had fibrosis levels
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`below F3 even though such treatment is the current standard of care and is Amedical necessity.@
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`Immediate treatment of Hepatitis C with antiviral drugs is currently the standard of care in the
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`United States without regard to the level of fibrosis.
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`12. Treatment for Hepatitis C is more effective when it is begun early in the course of the
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`−3−
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`2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 4 of 6
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`disease. However, if treatment is postponed, adverse effects of the disease and the necessity of a
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`liver transplant become much more likely. Liver transplants are painful, difficult to obtain, and
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`result in a lower recovery rate than the chemical treatment available for the early stages of Hepatitis
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`C infection. In addition, chronically infected Hepatitis patients have a 2.3 - 3.7 times higher
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`incident of other maladies as a result of the untreated infection.
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`13. Defendants refuse to administer the Hepatitis C chemical treatment to Plaintiffs.
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`14. By refusing to treat Plaintiffs for Hepatitis C, Defendants are deliberately indifferent
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`to the substantial risk of serious harm faced by the Plaintiffs. Many Plaintiffs have suffered and
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`have died since the suit was filed.
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`15. Defendants= refusal to treat Plaintiffs for Hepatitis C is a willful and intentional
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`deprivation meriting a punitive damage award against Defendants.
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`16. Defendant= refusal to treat Plaintiffs for Hepatitis C is causing and continues to cause
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`irreparable harm to Plaintiffs.
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`17. Defendants= refusal to treat Plaintiffs for Hepatitis C is causing the Plaintiffs
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`compensable pain and suffering, loss of a normal life, emotional distress, and a shortened life
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`expectancy.
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`WHEREFORE, Plaintiffs pray judgment against the Individual Defendants in a sum in
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`excess of ONE MILLION DOLLARS ($1,000,000.00) each together with punitive damages in the
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`sum of ONE MILLION DOLLARS ($1,000,000.00) each together with costs and attorney’s fees
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`incurred herein.
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`2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 5 of 6
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`JEFFREY ORR, et al, Plaintiffs
`
`By /s/ H. Kent Heller_____________________
`Of Heller, Holmes & Associates, P.C.
`Their Attorneys
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`JURY DEMAND
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`Plaintiffs hereby demand trial by jury.
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`JEFFREY ORR, et al., Plaintiffs
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`By / s/ H. Kent Heller_____________________
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`H. KENT HELLER
`HELLER, HOLMES &ASSOCIATES, P.C.
`1101 Broadway Avenue, P.O. Box 889
`Mattoon, IL 61938
`TEL: 217-235-2700
`FAX: 217-235-0743
`E-Mail: kent@hhlawoff.com
`ARDC No. 1181009
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`CERTIFICATE OF SERVICE
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`I, the undersigned, certify that a true and correct copy of the foregoing was electronically
`served this 13th day of April, 2023, to the following:
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`James A. Borland
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`jborland@qjhpc.com, abedinger@quinnjohnston.com,
`jsisson@qjhp.com
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`Russell L. Reed
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`Brent D. Stratton
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`Joseph N. Rupsich
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`rreed@hinshawlaw.com, debsmith@hinshawlaw.com
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`bstratton@atg.state.il.us,ddesalle@atg.state.il.us,
`estachon@atg.state.il.us,mabecker@atg.state.il.us,
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`jrupsich@cassiday.com,msams@cassiday.com,
`spressler@cassiday.com
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`Christopher L. Higgerson
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`Betsy Ann Wirth
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`Lisa A Cook
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`chiggerson@ilag.gov
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`bwirth@quinnjohnston.com
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`lcook@ilag.gov, gls@atg.state.il.us, MHeriford@atg.state.il.us
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`−5−
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`2:08-cv-02232-SLD # 625 Filed: 04/13/23 Page 6 of 6
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`Zane@ZaneSmith.com, amanda@zanesmith.com
`gensonlaw@gmail.com
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`Zane D. Smith
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`/s/ H. Kent Heller
`H. KENT HELLER
`HELLER, HOLMES & ASSOCIATES, P.C.
`1101 Broadway, P. O. Box 889
`Mattoon IL 61938
`TEL: 217-235-2700
`FAX: 217-235-0743
`E-Mail: kent@hhlawoff.com
`ARDC No. 1181009
`
`
`Subscribed and sworn to before me
`this 13th day of April, 2023.
`
`/s/ Katherine J. Storm
`Notary Public
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`
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`orr 16005 4.13.22 third amended complaint
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`−6−
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