Although a former inmate has settled with the state Department of Corrections for injuries sustained while jailed, he is now suing the prison's health care provider for medical negligence that has caused him the loss of his sight and skin damage, as reported by the Star Tribune.
T.K., 49, suffered with skin loss and severe eye damage when he had a drug reaction during the summer of 2007 while he was incarcerated in the St. Cloud Correctional Facility.
The state Department of Corrections paid T.K. $275,000 in a settlement and he is now looking for a settlement from Corizon, Inc., the medical provider.
U.S. District Judge Ann Montgomery has directed that T.K.'s attorney, and counsel for the provider, schedule a settlement conference.
Before T.K. was released from prison in 2009, he had been on a ventilator and had the outer layer of his skin char and slough off during a 30-day stint in a burn unit in the Hennepin County Medical Center.
After his release, T.K. had to have stem cell transplant and two cornea transplants - but all thee attempts to give T.K. back his sight were fruitless.
Assistant Commissioner D.C., said, "The DOC (Department of Corrections) health care system was able to diagnose this rare condition when it afflicted (T.K.) acted appropriately and provided the best treatment available."
But, department records, along with medical documents, allegedly show that T.K. suffered for days with escalating symptoms. Then, after being found unconscious in the middle of the night, T.K. was taken to a hospital in St. Cloud in July 2007.
It is further alleged that prison medical staff did not identify T.K.'s illness as what hospital physicians diagnosed as Stevens-Johnson syndrome.
Correctional Medical Services (CMS), now known as Corizon, is being sued for $75,000 in compensatory and punitive damages.
T.K.'s medical bills are allegedly more than $300,000, per his attorney, Teresa McClain, and are expected to reach a higher sum.
In regards to Corizon making changes to its policies, a spokesman for Corrections said, "We've dealt with them on this issue to ensure that it won't happen again."
T.K. entered the correctional facility after being convicted for drug possession. Once incarcerated he was prescribed the drug Tegretol. Tegretol is commonly given for the treatment of bipolar disorder, epilepsy and nerve pain.
T.K., however, had no psychiatric history other than depression due to drug use, per his attorney.
Approximately two weeks later, T.K. started to experience side effects indicative of Stevens-Johnson syndrome. The syndrome is considered life threatening as it causes blistering and sloughing of the skin. In T.K.'s case, he experienced shortness of breath, fever, rash and itchy, reddened eyes - and all, according to his records and attorney, were worsening.
Prison medical staff tried to relieve his discomfort with Tylenol, and later, with Benadryl.
Notes by prison medical staff read that T.K. told them: "You guys are just making it worse."
Once he arrived at the hospital, physicians found T.K.'s airway blocked and had to immediately intubate him and put him on a mechanical ventilator. Besides the loss of skin, T.K. was also diagnosed with intense blistering, burning of mucous membranes and corneal abrasion in both of his eyes.
Now, over two years since his release, T.K. is blind in one eye and has limited use of the other. He continues to require a personal care attendant during much of his day.
Contact a medical malpractice lawyer if you have been harmed by the care, or lack of care, by your physician.