Plight of Covid "Long-Haulers" Highlights Threat of BOP Medical Indifference to Prisoner Suffering

 

Federal Prison System Fails to Treat COVID "Long-Haulers" Continuing Symptoms

 

by Derek Gilna

 

            Although most of the country has reopened with minimal restrictions, and new COVID cases have dropped to the lowest level since March of 2020, the pandemic continues in prison, for a variety of reasons. First, DOJ continues to try to sweep the problem under the rug. As the Marshall Project reports: "Our understanding of the full toll of the pandemic on incarcerated people is limited by the (DOJ's) policy of removing cases and deaths from its reports in recent months. As a result, we cannot accurately determine new cases in federal prisons, which have had more people infected than any other system." themarshallproject.org.

            Two, although DOJ claims that it has vaccinated approximately half of the prisoners in its custody, doubts remain as to the accuracy of that figure. Given improper handling of the vaccine at various institutions, it is questionable whether or not some of those does were effective. Third, and most importantly, DOJ continues to withhold treatment from previously infected persons, nationwide.   I know of not one instance where any prisoner suffering severe symptoms has received the necessary specialized treatment that is available.

            "Older people and people with many serious medical conditions are the most likely to experience lingering COVID-19 symptoms, but even young, otherwise healthy people can feel unwell for weeks to months after infection. ( These can include:) Fatigue, Shortness of breath or difficulty breathing, Cough, Joint pain, Chest pain, Memory, concentration or sleep problems, Muscle pain or headache, Fast or pounding heartbeat, Loss of smell or taste, Depression or anxiety, Fever, Dizziness when you stand. Worsened symptoms after physical or mental activities." www.mayoclinic.org.

            Mayo continued: "Although COVID-19 is seen as a disease that primarily affects the lungs, it can damage many other organs as well. This organ damage may increase the risk of long-term health problems. Organs that may be affected by COVID-19 include:

Heart. Imaging tests taken months after recovery from COVID-19 have shown lasting damage to the heart muscle, even in people who experienced only mild COVID-19 symptoms. This may increase the risk of heart failure or other heart complications in the future. Lungs. The type of pneumonia often associated with COVID-19 can cause long-standing damage to the tiny air sacs (alveoli) in the lungs. The resulting scar tissue can lead to long-term breathing problems. Brain. Even in young people, COVID-19 can cause strokes, seizures and Guillain-Barre syndrome — a condition that causes temporary paralysis. COVID-19 may also increase the risk of developing Parkinson's disease and Alzheimer's disease. Some adults...experience multi-system inflammatory syndrome after they have had COVID-19. In this condition, some organs and tissues become severely inflamed."

            See also: Berkeley Lovelace, Jr., “Dr. Fauci Says New Data Suggests ‘Long’ Covid Symptoms Can Last Up to 9 Months,” CNBC, February 24, 2021, https://www.cnbc.com/2021/02/24/fauci-says-new-data-suggest-long-covid-symptomscan-last-up-to-9-months.html. And: Johns Hopkins Medicine, “COVID ‘Long Haulers’: Long-Term Effects of COVID-19,” April 1, 2021, https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/covid-long-haulers-long-term-effects-ofcovid19

            Needless to say, no DOJ institution is equipped to perform these diagnostic checks and it is highly unlikely that you will be sent out to have them done. If you are skeptical of this statement, you need only study the matter of Michelle McGee, who complained about being denied simple diagnostic tests for many  months after she showed clear symptoms of cancer, before she was finally released. Yet another woman, a pre-trial detainee, recently died at Carswell, who received no treatment for persistent  chest-pains.

            Congress has noticed, and introduced a new piece of legislation to address this very issue: S. 2095: A bill to expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk.

            There is other good news on the federal legislative front, as elected representatives continue to introduce proposals that will have an immediate impact on federal incarceration.   As reported in the Federalist, "on June 15, ... Democratic Representatives Bonnie Watson Coleman (D-NJ), and Cori Bush, (D-MO), have unveiled the Drug Policy Reform Act (DPRA) to help right some of its wrongs. The bill, developed with the help of the Drug Policy Alliance (DPA) and the first of its kind, would end criminal penalties for all drug possession at the federal level. It would also transition regulatory power from the attorney general to the secretary of health and human services (HHS), expunge drug-related criminal records and provide for resentencing options, and invest in health-centered approaches to drug use. The legislation additionally addresses many lifelong ramifications associated with drug convictions, like denial of employment, voting rights and immigration status."   All other bills in both the House and Senate continue to await introduction to the full bodies for a vote, while the infrastructure bill dominates Congressional schedules. It was also reported that there remain 93 vacancies for head AUSA's, and multiple key positions in DOJ, showing the Biden administration is still struggling to manage criminal justice reform expectations after five months.

There were two interesting cases recently in the 7th Circuit. In the first, US v. Fowowe, 20-3197, decided June 16, 2021, a crack offender sought re-sentencing under First Step.   The court asked: "Does § 404(b) authorize or require a district court to apply a judicial decision issued after the defendant was initially sentenced? ...We hold that § 404(b) authorizes but does not require district courts to apply an intervening judicial decision in evaluating First Step Act motions. Given this, we conclude the district court did not abuse its discretion in declining to recalculate Fowowe’s sentencing range. We now affirm."         In the second case, US v McHaney, 20-1690, June 14, 2021, an offender was charged with Hobbs Act (HA) Robbery, HA conspiracy and attempted HA robbery, and "three counts of 18 USC 914(c)(1)(A)." The Seventh Circuit affirmed, declining to reject its precedent that Hobbs Act robbery meets the definition of a crime of violence under 18 U.S.C. 924(c) and is a qualifying predicate crime under the statute. Putting any person in fear in the context of robbery necessarily involves “the use, attempted use, or threatened use of physical force against the person of another.“Every other court of appeals to have considered this agrees with this conclusion.”

Be not afraid, and let not your heart be troubled.   Federal Legal Center, Derek A. Gilna, JD, MARJ, Director, 113 McHenry #173, Buffalo Grove, IL   60089 (and Indiana). dgilna1948@yahoo.com, (newsletter in English and questions in English and Spanish); federallc_esp@yahoo.com, (Spanish Newsletters only). Blog: Derek Gilna's Federal Criminal Justice Musings and Reflections, at Google blogspot.