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Jury Awards $600,000 in Failure to Diagnose Case

A man has been awarded nearly $600,000 by a jury after a prison nurse failed to diagnose and treat a tuberculosis infection that he had contracted.

In 2008, Marchello McCaster was in jail for 56 days due to an assault conviction. During his time in jail, he lost 44 pounds. He also had difficulty walking and was constantly wrapped up in a blanket from being cold. He was also very shaky, according to one of the corrections officers that witnessed McCaster’s condition.

The nurse at the prison had treated him for foot pain not long after treating him for an abscessed tooth, but she did not recognize that he was experiencing nerve damage or that he was displaying the symptoms of tuberculosis.

By the time McCaster was able to go to the hospital; he had a fever of nearly 103 and had come down with pneumonia on top of the tuberculosis. This resulted in a 3 ½ month hospital stay due to liver lesions, heart damage, and nerve damage that had resulted from the infection. The nerve damage had caused other ailments and affected his ability to walk.

The nurse and other nurses working at the facility said they did not spend a significant amount of time with McCaster, which is why they did not notice how sick he really was. The jury felt that the nurse was “deliberately indifferent” about the condition of the inmate.

Because McCaster’s condition was not immediately noticed, 108 inmates and 42 guards were exposed to the infection, which increased their risk of contracting it themselves. Since it was found that McCaster was sick, all of them have been treated for either latent or active infections. An active infection occurs when the bacteria is present and causing symptoms, while a latent infection is one where the bacteria is present but not active because the immune system is fighting it.

If you or someone you care for suffers a serious injury due to the negligence of another individual, there may be grounds to file a damages claim. Contact a Bloomington personal injury lawyer at TSR Injury Law today for a free consultation. Ph: (612) TSR-TIME.

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