Monday, May 9, 2022

BOP Prisoners Suffer and Die When It Can't Even Administer COVID Drug Therapies Given to It

 

Happy Mother's Day; Congressional Abortion Debate Delays Votes on Reform Until After Election; Still No FSA Sentencing Credits Given;  First Batch of Clemencies Creates Hope for More After the Election;  COVID Roars Back As Prison System Slammed for Denial of COVID Drug Therapies; 

by Derek Gilna 

            To mothers and grandmothers, a belated Mother's Day;  may your next one be celebrated with your family.  Many of you are incarcerated for drug and property offenses, often stemming from poverty and/or substance use disorders, or abusive partners. Unfortunately, prosecutors and judges often do not take into account women's vital roles in preserving families, putting many communities under even further strain. The lack of proper sanitation supplies, specialized medical care, and the seeming inability of the bureau to protect vulnerable women from predatory staff is also an under-reported national scandal.  

            From a women's prison in the state of Alabama: " This place continues to baffle me with their inconsistencies and nonsense. They have denied us cleaning products and trash bags throughout, despite all the COVID protocols that ought to be followed.

We have consistently had to beg for toilet paper. Now these past 2 weeks they have been completely OUT OF sanitary pads ! There are 200+ women being housed here.

This is nothing short of DISGRACEFUL. Commissary is out of most things and we are being told they are out of money so they cannot order anything. The Food Service officers say they don't have produce to feed us." The First Step Act's Compassionate Release provisions may provide an avenue for individuals seeking home confinement to return to their families.

            There is also no response from DOJ as to why no FSA sentence and HW house and home-confinement credits have been given; thus,  you are encouraged to explore your options if you are between 6 months and two years from the door, or CARES eligible. A clemency petition is yet another avenue for possible relief.

            Unfortunately, the escalating political controversy surrounding the federal abortion issue almost ensures that none of the sentence reform bills will be considered before the November elections-there are simply not enough legislative days on the calendar. However, the abortion issue will also sideline the Tom Cotton/ Josh Hawley effort in the Senate to defeat the EQUAL Act and other legislation already approved by  the House.

            Of more immediate concern to prisoners is the nationwide surge in COVID infections, with Florida, North Carolina, Texas, and Minnesota emerging as COVID hotspots. Of course, OMICRON and its variants have  been surging for months in almost all prisons, given the crowded conditions of confinement. New research also  casts serious doubt on whether vaccinations, often cited by the government in responses to compassionate release petitions as a reason to deny release,  are even effective.   Worrisome news broke over the weekend indicating that the federal prison system had drug therapies in their possession to mitigate some of the disease and suffering of the tens of thousands of prisoners who contracted COVID, and still suffer from Long COVID. The new records, which include shipment information for Covid therapeutics and prescribing records for all federal prisons, were obtained by a Freedom of Information Act request filed by the ACLU,

            The new study showed that the federal prison system  appears to have left some of the most effective drugs for treating Covid-19, such as Pfizer’s antiviral pill, Paxlovid, almost completely unused. The prescribing records, which span from March 31, 2020 to March 24, 2022, include just three prescriptions for Paxlovid, despite the fact that the drug is easy to administer and has been proven to significantly reduce hospitalization and death from Covid-19. Prison officials have only prescribed 363 doses of antivirals since the first such drug proven to work, Gilead’s Remdesivir, was authorized in May 2020. At least 55,000 of the roughly 137,000 people held in federal prisons have contracted Covid-19; roughly 300 have died. https://www.statnews.com/2022/05/05/prisons-paxlovid-incarcerated-people-covid-19.

            Sen. Dick Durbin (D-Ill.), the chair of the Senate Judiciary Committee, which also oversees the federal prison system, said in a statement that he is “very concerned” by the new data. “Covid-19 therapeutics are lifesaving drugs that should be available to anyone who meets the criteria — whether that person is incarcerated or not,” Durbin said. “This pandemic has hit America’s prisons especially hard, and (DOJ) should be doing everything it can to safeguard the health of the men and women in its custody.”

            Thirty-eight people have died at Butner, and more than 1,100 have gotten infected, according to data compiled by the UCLA Covid Behind Bars Data Project. Two lawsuits against the facility filed by the ACLU in May and October 2020 alleged that the prison had made insufficient efforts to isolate men with Covid-19 symptoms and to test the men within their care. Thirteen of the 918 people housed at Devens have died since the start of the pandemic. Ten of the 1,236 people housed at Lexington have died.

Several other prisons haven’t prescribed any antivirals at all, despite having huge surges of Covid-19 within their walls, according to the prescribing data. The Yazoo City Federal Correctional Complex has had the second-most Covid cases in the entire prison system. More than 1,700 people housed at the complex have tested positive for the virus since the start of the pandemic. But the facility has never prescribed an antiviral drug. Neither has Coleman Federal Correctional Complex , which had the third-most Covid-19 cases in the federal prison system. The federal prison in Danbury, Conn., also hasn’t prescribed any of these drugs, despite experiencing a massive Covid outbreak in January that prompted calls for a federal investigation from Connecticut Sen. Richard Blumenthal.

Be not afraid, and let not your heart be troubled. 

Derek Gilna, Director, JD, (De Paul Law School , 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 113 McHenry Rd. #173, Buffalo Grove, IL   60089 (and Indiana); dgilna1948@yahoo.com (English newsletter and ALL inquiries, English or Spanish); (Alternate email: dagilna1948@yahoo.com, firststeprelief@yahoo.com).federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries.(Mr. Gilna is not an attorney currently licensed to practice in any jurisdiction.)