Filed Date: April 23, 2025
Case Ongoing
Clearinghouse coding complete
This is a lawsuit seeking opt-out testing and direct acting antiviral treatment for people with Hepatitis C in the custody of the Essex County Sheriff's Department (ECSD).
On April 23, 2025, two individuals with Hepatitis C in ECSD custody filed this putative class action lawsuit in the U.S. District Court for the District of Massachusetts alleging that the Department routinely withheld direct acting antiviral (DAA) treatment in violation of the Eighth Amendment's prohibition on cruel and unusual punishment and the due process rights of persons with Hepatitis C in ECSD custody. In particular, plaintiffs asserted that DAA treatment was safe, effective, and readily available and that use of DAAs to treat Hepatitis C at all stages of the disease constituted the recognized medical standard of care. Nonetheless, and contrary to this standard, ECSD's contracted medical provider, Wellpath, routinely denied DAA treatment to the majority of people with Hepatitis C, approving it only for people already on treatment at the time they entered custody or people with documented cirrhosis or both Hepatitis C and HIV. Citing the cost of DAA treatment, Wellpath instead recommended "self care," including diet and lifestyle changes, in the majority of cases, and relied on various disease scoring or staging criteria to prioritize only the sickest people for DAAs -- fewer than 10 out of anywhere from 60-130 people known to have the disease in a given year. Plaintiffs further alleged that because Wellpath did not offer opt-out Hepatitis C testing to people entering custody, many in ECSD custody went undiagnosed and untreated for the disease. The complaint asserted that these policies and practices resulted in serious health problems, emotional distress, and/or substantial risk thereof.
Represented by Prisoners’ Legal Services of Massachusetts, plaintiffs sought: to certify a class of all people in ECSD custody with Hepatitis C; declaratory relief; a permanent injunction ordering the Department to implement and adhere to a constitutional treatment protocol for Hepatitis C testing and DAA treatment; and fees and costs. The case was assigned to Judge George A. OToole, Jr.
As of August 2025, the case is ongoing.
Summary Authors
Tessa Bialek (8/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69929117/parties/caron-v-coppinger/
Milton, David (Massachusetts)
Talamo, Rachel C. (Massachusetts)
Louison, Douglas I. (Massachusetts)
See docket on RECAP: https://www.courtlistener.com/docket/69929117/caron-v-coppinger/
Last updated Aug. 11, 2025, 10:33 a.m.
State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
Hepatitis C Treatment in Jails and Prisons
Key Dates
Filing Date: April 23, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Two people with Hepatitis C in the custody of the Essex County Sheriff's Department, seeking to represent a class of all people in Department custody with Hepatitis C.
Plaintiff Type(s):
Attorney Organizations:
Prisoners' Legal Services of Massachusetts
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Essex County Sheriff's Department (Essex), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Medical/Mental Health Care: